Imprint

Responsible for the content of this webpage according to §55 RStV und §5 TMG:

Sigfried Thomas, CEO

delosfoto GmbH
Brandenburger Straße 12
DE - 64823 Groß-Umstadt

Web

www.delosfoto.de
www.geofoto.de
www.delosfoto.com (In preparation)

Communication:

Phone: +49-(0)6078/ 912250
Fax: +49-(0)6078/ 912251
Email: Info@geofoto.de

Commercial Register:
Local cort Darmstadt
HRB 89363

Chief Executive Officer: Sigfried Thomas

Sales Tax Identification Number: DE273970947

delosfoto is a member of the BVPA.

 

 

In principle, the following applies to our handling of data

1. Legality and fairness

2. Principle of good faith

3. Transparency

4. Purpose limitation

5. Data minimization and economy

6. Data Correctness

7. Integrity and confidentiality

8. Accountability

Liability for the contents of the picture agency delosfoto

delosfoto makes every effort to archive and present all images carefully and truthfully. Manipulated images will be marked accordingly.

We are not liable for possible errors which may occur despite all care in the description of the pictures.

Furthermore, we are not liable for direct or indirect damages, including lost profits, which are connected with the use or function of the delosfoto website or faulty or non-functioning data connections.

Personal and property rights, right to information according to Art. 13 and Art. 14 GDPR

If you believe that one or more of our images violate your privacy or property rights, please contact us. We will then clarify the matter together with the photographer concerned with the aim of eliminating the violation of your rights.

Annex 10-Guidelines-for-Photographers-with-Images-of-People_27112019

In principle, you are entitled to obtain information at any time about the data stored about your person or your company as well as its further processing. We will be happy to answer any questions you may have at info@geofoto.de. To make it easier for you to exercise your rights, we have prepared the form "Annex 2 - Form - Request for information - 27112019" for you. You can also use this form to request the deletion of your data, unless there are other reasons (KUG) to the contrary.

The GDPR partly opposes the regulations from the copyright. So far the KUG had priority before the BDSG. New regulations in these two laws are not known however so far and also not tackled (state 12.07.2019).

Personal data are among others:

• Telephone number, e-mail address, IP address

• Vehicle registration number, account number, registration number, item data

• Picture of a person, signature

• Value judgements, personnel data, recording of working times

• Address, Gender, Religion

• delosfoto GmbH does not store special categories of (sensitive) personal data according to Art. 9 GDPR.

Data processing is

Data collection (including photography for commercial purposes)

Data storage (also a card index box)

data modification

Use of data (business papers)

Data transmission (payroll accounting), website

Cancellation and destruction

The principles apply:

• Prohibition or reservation of permission

• Earmarking principle

• Data minimization

Fundamentals of data storage at delosfoto GmbH according to Art. 5 Para. 1 GDPR

The storage of images and their descriptions is based on a contract with photographers.

The production, recording, description and archiving of images is a pre-contractual measure for the transfer of rights of use. Pictures are the business basis of delosfoto GmbH. Therefore the storage is an essential interest of the picture agency.

The processing of the data is necessary for the fulfilment of a contract to which the person or company concerned is a party and for the implementation of pre-contractual measures. Contracting parties are picture agency, photographers and customers.

It is necessary for the fulfilment of a legal obligation (order) to which the company delosfoto GmbH is subject (Art. 6 Para. 1b Para. 1c GDPR).

By an inquiry or an order with the delosfoto GmbH the consent is given to the storage and processing of the necessary data according to Art. 6 Para. 1a of the GDPR.

The earmarking results from the business basis of a picture agency. Images as well as data are legal, have a clear and defined purpose. Images and data are collected, processed and stored for a specified purpose.

Only the data necessary for a careful order processing and for a proper financial accounting are stored. Personal data is stored regarding the management and contact persons of the customers. Salutation, surname, first name, qualification, department, function, communication data (telephone, fax, email address) and gender are stored. Private addresses and personal characteristics of contact persons are not stored unless the customer is a private individual.

The data of the photographers and employees are stored analogous to the above data of the customers. Legal basis for the storage of the data is a contract.

The legal basis for the storage of customer data is an existing or potential customer relationship.

Only the data necessary for careful order processing and proper financial accounting are stored. Personal data is stored regarding the management and contact persons of the customers.

For this purpose, salutation, surname, first name, qualification, department, function, communication data (telephone, fax, e-mail address) and gender are stored. Private addresses and personal characteristics of contact persons are not stored.

Legal bases of the data storage acc. art. 6 GDPR and processing are

• consent

• contract fulfilment

• earmarking

• and legitimate interest

The website of delosfoto GmbH is accessible worldwide.

A further passing on of data to third parties or third states according to art. 44 - 50 GDPR does not take place.

The data stored at delosfoto GmbH is used specifically for advertising purposes,

but not for scattered advertising. Customer data is not sold.

The data stored in the images can be viewed in the "Metadata" link above the corresponding image, here using the example of a model photograph. Names and data of the model are not stored, but are recorded in a written contract.

Other sensitive data is not stored.

The legal basis for the storage of image and metadata in this case is a model contract.

The website of delosfoto GmbH is free of advertising. There is a link to Facebook.

The collection of picture, customer and supplier data is carried out by an EDP, so the GDPR and the BDSG also apply to delosfoto GmbH. (Image 456 shows an example)

Annex 9- Basic Principle of Data Processing in the Web_delosfoto-GmbH_27112019

 

Data origin

The origin of the customer data lies in existing customer contacts, further recommendations of customers as well as from incoming e-mails with inquiries after pictures of the delosfoto GmbH

 

Furthermore, the information required in all publications in the imprint is used for advertising measures.

 

The origin of the pictures and the corresponding descriptions is a photographer.

Data protection Art. 32 Art. 30 and Art. 5 para. 1 GDPR

Sensitive areas with data are all PCs with Internet access, all PCs in-house, all backup media and the server on the Internet. All of these components only allow access to employees who have the appropriate passwords. Data is backed up in-house on a NAS. Another data backup takes place on removable hard disks, which are kept locked by the GF in his apartment.

Access data for working on the Internet are e-mail address and password. Passwords are stored encrypted on the server.

A backup of the entire web server www.delosfoto.de is transferred every night to an Amazon backup server for backup and restore purposes. The transfer of the backup to AWS is encrypted. The data stored there is also encrypted, so no data processing can take place through AWS. Therefore no ADV contract is necessary with AWS.

Annex 5-Technical and Organisational Measures for Data Security-27112019

Annex 6-User order-IT_delosfoto-GmbH_27112019

Privacy

Corresponding contracts for all service providers are available.

Annex 7-Confidentiality agreement-EDV_delosfoto-GmbH_27112019

Annex 8-Security Agreement-EDV_delosfoto-GmbH_27112019

All employees have been briefed on the problems and relevance of data protection.

Transfers to third countries Art. 44-50 GDPR

A backup of the entire web server www.delosfoto.de is transferred every night to an Amazon backup server for backup and restore purposes. Data transmission and storage are encrypted. Data is not processed or changed here (see "Data protection").

 

Images and associated image descriptions can be viewed worldwide. The rights of use for the pictures can be acquired worldwide by customers.

 

External data processing (order processing) according to Art. 28 GDPR and §11 BDSG

External data processing takes place within the framework of payroll accounting, e-mail providers, accounting and balance sheet preparation. For the observance of the GDPR in tax questions the assigned tax consultant guarantees, because for tax consultants, lawyers, notaries and auditors ADV contracts are not necessary.

For the use of e-mail functionalities one needs a provider. A corresponding ADV contract is present.

The website delosfoto.de is hosted by the German company Hetzner. Also for this an ADV contract is available. Here data are processed without influence of the webhoster.

 

Right to information Art. 15 GDPR; Right to rectification Art. 15 and 16 GDPR

This is where delosfoto GmbH comes in:

BDSG § 57 Right to information

(1.) The controller shall, upon request, provide data subjects with information as to whether he or she is processing data relating to them. Data subjects shall also have the right to obtain information on

1. the personal data subject to the processing and the category to which they belong,

2. the available information on the origin of the data,

3. the purposes of the processing and its legal basis,

4. the recipients or categories of recipients to whom the data have been disclosed, in particular recipients in third countries or international organisations,

     5. the storage period applicable to the data or, if this is not possible, the criteria for determining that period,

6. the existence of a right to rectification, erasure or limitation of the processing of data by the data controller,

    7. the right under section 60 to appeal to the Federal Government Commissioner or the Federal Government Commissioner, and

    8. information on the availability of the Federal Commissioner.

 

However, data can only be deleted if there are no legal provisions (storage obligations) to the contrary

 

Images that a photographed person objects to are immediately removed from the search if the person concerned is recognizable on the image and can prove his identity.

 

The right to information applies equally to customers, persons depicted and photographers.

 

The same applies to the correction of stored data.

 

Permission from model contracts and property contracts cannot be revoked unless the model was younger than 16 years when the model contract was signed.

delosfoto GmbH provides on its website a corresponding form for the right to information:

Annex 2 - Request for information form-27112019

 

Automated decision making and profiling according to Art. 22 GDPR does not take place.

 

Right to cancellation Art. 17 GDPR

 

Data can only be deleted if there are no legal provisions (storage obligations) to the contrary. A deletion cannot take place likewise, if according to §195 BGB limitation periods oppose this and/or recourse claims threaten.

 

A picture which corresponds to the legal bases of the KUG cannot be deleted.

 

A withdrawal of the consent to the data storage according to art. 17 para. 3 GDPR causes inevitably the end of the business relation, if no legal storage obligations oppose.

 

General: A deletion of data can always be requested if

 

the purpose for collecting the data no longer applies

 

• a data subject withdraws his/her consent to the processing of the data

• or the data collection or data processing has taken place unlawfully.

Video Surveillance

is currently not taking place on the premises of delosfoto GmbH. Should there be a need for video surveillance, the following shall apply

• the public space (street and sidewalk) is not covered

• indicated by a sign

Data transferability Art. 20 GDPR, right of appeal Art. 13 GDPR and §19 BDSG

Furthermore, the right to data transfer in machine-readable form exists.

(You will receive a table with the corresponding data from delosfoto GmbH)

and a

Right of appeal to the supervisory authority responsible for Hesse (see Annex 4)

Annex 4 Supervisory authority and complaints_27112019

 

Data Protection Officer

A data protection commissioner is not necessary for delosfoto GmbH, because

• the focus of the activity is not data processing

• the number of employees is less than 10.

The duties of the data protection officer are assumed by the managing director.

Processing of particularly sensitive data

Particularly sensitive data will not be processed. However, pictures with persons depicted contain the representation of gender, race, profession and other data.

 

Employment data protection

Employee data protection follows the principles described above. The associated data is collected and processed for proper payroll accounting.

 

Data relocation according to Art. 20 GDPR

The problem does not arise with the data of delosfoto GmbH.

A publication of image data, image processing and workflows and similar internal procedures, no matter in which form, is excluded.

 

Processing directories

have been drawn up according to the type of reception and processing of the data.

 

Annex 3 Process directories-in accordance with 4gAbs2BDSG-Art30GDPR_27112019

 

Cookies

In order to make our website more comfortable and secure, so-called cookies are activated in various places on our website. These are text information which are stored on your computer during your visit and stored in your browser. Cookies do not pose any danger to your computer. Cookies are used by delosfoto to remember search terms, your temporary IP address, the language settings of pages to be filled in by you, to remember the entries already made when switching to another page.

The cookies are stored on your computer and transmitted to our server. The user data collected by technically necessary cookies are not used to create user profiles. If you prohibit the use of cookies on our website, this has no influence on the technically necessary cookies.

Flash is not used on the delosfoto website due to ongoing security problems.

You can prevent the activation of cookies by means of a user-defined setting in your browser software. However, we would like to point out that this does not guarantee full use of our website functions.

 

Statistics

For statistical documentation of data traffic, our website uses Google Analytics, a service of Google Inc. This service forwards the anonymous information generated from cookies to a Google server in the USA, where it is stored for evaluation. The purpose of storing this data is to analyse user behaviour on this website, to record website activity for website operators and to provide other services associated with website optimisation. You must confirm the use of these cookies on the website of delosfoto GmbH at regular intervals.

A transmission of the data by Google to third parties can take place if it is legally determined or in connection with a further processing commissioned by Google. Your IP address will not be merged with any other data held by Google. By using our website and allowing the use of these cookies, you consent to the processing of your data by Google as described above. If you prohibit the use of these cookies, no data will be transmitted to google.

 

Registration Page

If you register with delosfoto on the website "Register", you agree to the storage of your data. Otherwise delosfoto will not be able to process your request. We do not pass on these data without your consent. If no business relationship should follow, you can demand the deletion of the transmitted data at any time. Please use the form "Request-for-information".

The transmission of your data during registration and registration takes place via an encrypted SSL connection.

Online dispute resolution

With a new regulation the consumers have been given the possibility to call an online regulatory authority, in case of a dispute between consumers and companies.

Text of the regulation Art. 14 (1):

Entrepreneurs and online marketplaces based in the European Union, who conclude sales contracts or service agreements, are providing a link to the OS-platform. This Link has to be be easyly accessed for consumers and the companies have to state their E-mail adress. The URL is: www.ec.europa.eu/odr

Disclaimer for linked pages

delosfoto does not have any influence on the content and/or design of any sites linked to or from this page. In our opinion, links are possibly helpful for our service, but we do not bear any responsibility for the contents. We therefore expressly distance ourselves from all content of the linked pages of third parties - whether it appears to be reasonable or not.

We do not exert any influence on the contents and the layout of linked pages. We consider links to be a possible help for the users of our services, though we are not in charge of these links’ contents. Therefore we dissociate ourselves explicitly from the contents of all websites linked to this homepage – no matter if this disclaimer of liability might be expedient or not.

Updates of our instructions and user assistances

All instructions described on this website (General Terms etc.) are subjected to change procedures, as far as this serves the actualization or the enrichment of the offered information. As these descriptions and instructions are to some extent integral part of the contract of our offer. if you in doubt please use the print funktion of your browser.

Copyright

All contents of our website are copyrighted and thereby property of delosfoto. This also applies to all single elements, functions or subprograms of delosfoto’s website. Further use, duplication as well as public distribution of our offer, or parts of it may only occur in case of a written agreement of delosfoto. We would like to explicitly state that the royaltees for unlicensed images are higher and do not include additional costs.