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Data Protection and Privacy Policy for the “Ear Piercing With STUDEX” App

Protecting your privacy is important to STUDEX. Therefore, we hereby inform you about our privacy practices. This information refers to the iOS and Android versions of our Ear Piercing With STUDEX app (in the following: “this app”).

Generally, this app of STUDEX can be accessed without any indication of personal data. However, if a data subject wants to use special services via this app, processing of personal data may become necessary. Since the main purpose of this app is for the data subject to test what she or he would look like with earrings or multiple earrings, the data subject will usually upload an image of herself or himself. Such images constitute personal data in the sense of the General Data Protection Regulation (GDPR). If you upload an image via the app, the processing of personal data (your image) will be necessary.

The processing of personal data (e.g. an image) of a data subject shall always be in line with the GDPR, and in accordance with the national data protection regulations applicable to STUDEX. By means of this data protection and privacy statement, our enterprise would like to inform you of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are hereby informed of the rights to which they are entitled.

Note About Data Transmission Over The Internet
Although STUDEX has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this app, it is important to us to point out that data transmissions over the Internet may have security gaps and cannot be completely protected against access by third parties.

Note About the Commercial Use of Contact Information From This Website
The use of contact information obtained from this website for commercial advertising is expressly prohibited, unless STUDEX has given its prior written consent or unless a business relationship has been previously established. STUDEX and all persons and entities mentioned on this website disagree with any commercial use and/or disclosure of their data.

Note About the Terminology Used
In this data protection and privacy statement of STUDEX, we use the following terms according to the General Data Protection Regulation (GDPR):

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.

Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

Processing is any operation or set of operations which is 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.

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

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.

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.

Controller 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.

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

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 framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

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 processor, are authorized to process personal data.

Consent of the data subject 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.

Name and Address of the Controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

STUDEX of Europe GmbH
Untere Wiesen 3
6800 Feldkirch
Austria
Phone: +43-5522 22850
Email: info@studexeurope.com
Website: studex.eu

Name and Address of the Party Responsible for Data Protection
STUDEX of Europe GmbH
Untere Wiesen 3
6800 Feldkirch
Austria
Phone: +43-5522 22850
Email: dataprotection@studexeurope.com

Contact via This App
If a data subject contacts us on a voluntary basis via email, the personal data transmitted by the data subject are processed by STUDEX. Such personal data are stored for the purpose of processing the inquiry or contacting the data subject, e.g. for answering the inquiry. By transmitting his or her information on communication channels (e.g. email address or telephone number), the data subject also agrees that we may contact him or her through this communication channel for the purpose of responding to their inquiry. For the purpose of processing and responding to the inquiry of the data subject, the controller may choose to transfer the data subject’s personal data to a processor, such as a mail provider.

Uploading Images via This App
If a data subject uploads an image on a voluntary basis via this app, the personal data (the image) transmitted by the data subject are processed by STUDEX. Such personal data are stored on a server of STUDEX in Switzerland for the purpose of processing, then sent back to the device of the data subject, and subsequently deleted from the server.

Cookies
This app of STUDEX uses cookies. Cookies are small text files that are sent to the web browser of the user via a web server and stored on the user’s device. Many websites and servers use cookies. Some cookies are so-called “session cookies:” They are removed again once the browser is closed. Others are so-called “persistent cookies:” They remain on the device and allow the visited website or server to recognize the individual browser of the user upon his or her next visit. With a unique identifier (“cookie ID”), the browser of the data subject can thus be differentiated from others and identified.

Through the use of cookies, we are able to make this app more user-friendly and optimize our information and services for our users.
With his or her individual browser settings, the data subject may control the use of cookies for the websites he or she visits. The data subject may, for example, deny the setting of cookies through our website or delete already set cookies. This is possible in all popular web browsers. If the data subject refuses the use of cookies, he or she might not be able to use all features of this website.

Collection of General Data and Information
This website of STUDEX collects a series of general data and information when a data subject or automated system calls up the website. These are stored in the server log files. Collected may be:

  • the browser types and versions used
  • the operating system used by the accessing system
  • the website from which an accessing system reaches our website (“referrers”)
  • the pages accessed on our website
  • the date and time of access to the website
  • an Internet protocol address (IP address)
  • the Internet service provider of the accessing system
  • any other similar data and information that may be used in the event of attacks on our IT systems

These general data and information are not used by STUDEX to draw any conclusions about the data subject. Rather, this information is stored separately from all personal data provided by a data subject and serves the following, mainly statistical purposes:

  • deliver the content of our website correctly
  • optimize the content of our website as well as its advertisement
  • ensure the long-term viability of our IT systems and web infrastructure
  • provide law enforcement authorities with the information necessary for criminal prosecution in case of an attack on our IT systems and/or upon request

Routine Erasure and Blocking of Personal Data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

For example, images uploaded by a data subject on a voluntary basis via this app are stored and processed on a server of STUDEX in Switzerland, then sent back to the device of the data subject, and subsequently deleted from the server.

Rights of the Data Subject
Right of Confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself or herself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.

Right of Access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant 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 are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself or herself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.

Right to Rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.

Right to Erasure (Right to Be Forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by STUDEX, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of STUDEX or another employee shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of STUDEX or another employee will arrange the necessary measures in individual cases.

Right of Restriction of Processing
Each data subject shall have 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 instead.
  • 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 Article 21(1) of the 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 the processing of personal data stored by STUDEX, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of STUDEX or another employee will arrange the restriction of the processing.

Right to Data Portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as 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 his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have 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.

In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by STUDEX or another employee.

Right to Object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

STUDEX shall no longer process the personal data in the event of the 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 STUDEX processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to STUDEX to the processing for direct marketing purposes, STUDEX will no longer process the personal data for these purposes.

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

In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of STUDEX or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

Automated Individual Decision Making, Including Profiling
Each data subject shall have 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 him or her, or similarly significantly affects him or her, as long as the decision

  • is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or
  • is not 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
  • is not based on the data subject’s explicit consent.

If the decision

  • is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or
  • it is based on the data subject’s explicit consent,

STUDEX 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 his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Data Protection Officer of STUDEX or another employee of the controller.

Right to Withdraw Data Protection Consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our Data Protection Officer of STUDEX or another employee of the controller.

Data Protection for Applications
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents to the controller by electronic means, such as email. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

Data Protection Provisions About the Application and Use of Google Analytics With Anonymization Function
On this website, the controller has integrated the component of Google Analytics with the anonymization function. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of website visitors. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which (sub-)pages were visited, or how often and for what duration a (sub-)page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, U.S.A.

For the web analytics through Google Analytics, the controller uses the function “_gat. _anonymizeIp”. By means of this function, the IP address of the Internet connection of the data subject is abridged by Google and anonymized when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our website for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this website, which is operated by the controller and into which a Google Analytics component has been integrated, the web browser on the information technology system of the data subject will automatically submit data to Google through the Google Analytics component for analysis purposes. During the course of this technical procedure, Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our website, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through this technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of his or her individual browser settings and thus permanently deny the setting of cookies. Such browser settings would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via the web browser or other software programs.

In addition, the data subject has the option of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through JavaScript that no data and information about the visits of websites may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-on to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to the data subject’s sphere of competence, or is disabled, it is possible to reinstall or reactivate the browser add-on.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

Data Protection Provisions About the Application and Use of Instagram
In this app, the controller has integrated components of the service Instagram for users with United States region settings on their device. Instagram is a service that allows users to share photos and videos as well as disseminate such data in other social networks.
The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, U.S.A.
With each call-up of this app, which is provided by the controller and on which an Instagram component (Insta button) was integrated, the device of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware that our app was visited by the data subject.
If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our app by the data subject—and for the entire duration of their use of our app—which specific part of our app was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated in our app, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.
Instagram receives information via the Instagram component that the data subject has used our app provided that the data subject is logged in at Instagram at the time of the call to our app. This may occur regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our app is made.
Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

Data Protection Provisions About the Application and Use of Twitter for Users With Other Region Settings Than United States
In this app, the controller has integrated components of Twitter for users with other region settings on their device, i.e. any region settings other than United States. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called “tweets” (short messages). These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, U.S.A.
With each call-up of this app, which is provided by the controller and on which a Twitter component (Twitter button) was integrated, the device of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific part of our app was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.
If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our app by the data subject and for the entire duration of their use of our app which specific part of our app was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated in our app, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.
Twitter receives information via the Twitter component that the data subject has used our app, provided that the data subject is logged in on Twitter at the time of the call-up to our app. This may occur regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our app is made.
The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.

Data Protection Provisions About the Application and Use of YouTube
In this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts as well as music videos, trailers, and videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, U.S.A. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, U.S.A.
With each call-up of this app, which is provided by the controller and on which a YouTube component (YouTube video) was integrated, the device of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific part of our app was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our app was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has used our app, if the data subject at the time of the call to our app is logged in on YouTube; this may occur regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our app is made.
YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

Legal Basis for the Processing
Art. 6(1) lit. 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, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is 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) lit. c GDPR. In rare cases, the processing of personal data may be 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 his or her 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) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. 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 which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. The legislator considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

The Legitimate Interests Pursued by the Controller or by a Third Party
Where the processing of personal data is based on Article 6(1) lit. f GDPR, our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

Period for Which the Personal Data Will Be Stored
The criteria 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.

Provision of Personal Data as Statutory or Contractual Requirement; Requirement Necessary to Enter Into 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 for the conclusion of 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 him or her. The non-provision of the personal data would have the consequence 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 our Data Protection Officer. Our Data Protection Officer clarifies to the data subject 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 non-provision of the personal data.

This Data Protection and Privacy Policy has been created by the legal department of STUDEX. It uses contents from the GDPR as well as contents based on the Privacy Policy Generator of DGD – Your External DPO that was developed in cooperation with RC GmbH, which sells used computers, and the German Lawyers from WBS-LAW.

Legal Information for the “Ear Piercing with STUDEX” App