Privacy policy social media (Facebook / Instagram)
You can also find our company on social networks where we have a corporate presence. We collect and use our users' personal data only to the extent necessary to provide our content and services. The collection and use of our users' personal data only takes place regularly with the user's consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
Name and address of the joint controllers
The joint controllers with regard to data processing for the operation of our Facebook/Instagram company presence are
Facebook Ireland Ltd
(hereinafter referred to as "Platform Operator")
4 Grand Canal Square
Dublin 2 Ireland
- and -
IBIS Prof. Thome AG
(hereinafter referred to as "IBIS")
Mergentheimer Str. 76a
97082 Würzburg
Phone: +49 931 73046 500
Fax: +49 931 73046 99 500
E-mail: info@ibis-thome.de
Website: www.ibis-thome.de
Name and address of the data protection officer
Contact the Facebook data protection officer: https://www.facebook.com/help/contact/540977946302970
Privacy policy of Facebook / Instagram: https://www.facebook.com/privacy/explanation
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Contact the data protection officer of IBIS Prof. Thome AG:
Attorney at Law
Konstantin Malakas
Steinbachtal 2b
97072 Würzburg
Phone: +49 931 29 98 08 - 0
Fax: +49 931 29 98 08 - 8
E-mail: dsb@ibis-thome.de
Websites: https://www.malakas.de/; www.weblawyer.de
III Provision of services and creation of log files
Description and scope of data processing
When you access the platform operator's platform, you send the following data, among other things, to its server for technical reasons, which is stored in a log file by the platform operator:
Information about the browser type and version used
The user's operating system
The user's internet service provider
The IP address of the user
Date and time of access
Websites from which the user's system accesses our website
Websites that are accessed by the user's system via our website
However, IBIS does not have access to this data. Rather, the platform operator provides IBIS with pseudonymized statistics, which IBIS can use to draw conclusions about the use of the company's presence or the success of advertising measures. The platform operator processes personal data to compile these statistics.
However, IBIS cannot draw any conclusions about individual persons on the basis of the statistics, as IBIS does not have any additional information available within the scope of the analysis that could be used to assign the data to a specific data subject. The platform operator has provided further information on the scope of data processing at the following link: https://www.facebook.com/business/a/page/page-insights.
If you interact with us on Facebook (e.g. send us a message, comment on posts, etc.), we can view your personal data (your profile name with the platform operator, possibly your profile photo, date details or possibly also other data that you have shared on Facebook) or this leads directly to data processing by us.
Please note that, in accordance with Facebook's privacy policy, personal data is also processed by the platform operator in the USA or other third countries. Facebook states in its declaration that personal data will only be transferred to countries for which an adequacy decision has been issued by the European Commission in accordance with Art. 45 GDPR or on the basis of suitable guarantees in accordance with Art. 46 GDPR (https://www.facebook.com/privacy/explanation, see point "How do we process and transfer data as part of our global services?").
Furthermore, there is a data processing agreement between us and the platform operator, which you can access here: https://www.facebook.com/legal/terms/page_controller_addendum
Legal basis for the processing of personal data
The legal basis for the processing of users' personal data is Art. 6 para. 1 sentence 1 lit. a GDPR.
The information provided by Facebook on the legal basis for the processing of personal data can be viewed at https://www.facebook.com/about/privacy/legal_bases.
Purpose of data processing
Our purpose for data processing on our social media presence is to disseminate information about our range of products and services and to enable exchange with users of the social network.
IBIS uses the statistics (Insights) provided by Facebook to analyze user behavior, reach, the effectiveness of posts/advertisements, etc.. The insights gained are used to further develop our range of products and services. The legal basis of IBIS - both for the use of statistics and for interaction with Facebook users - is therefore, in addition to consent, the protection of our legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f., insofar as your interests, fundamental rights and freedoms do not prevail.
If IBIS publishes photos of persons on the company website, this is done on the legal basis of prior consent (Art. 6 para. 1 lit. a GDPR) or a contractual agreement (Art. 6 para. 1 lit. b GDPR).
Duration of storage
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
For information on data storage by the platform operator, please refer to its privacy policy available at https://de-de.facebook.com/about/privacy/ or https://de-de.facebook.com/help/instagram/519522125107875
Possibility of objection and removal
Facebook has provided a form for contacting the data protection officer of Facebook Ireland Ltd. at the following link: https://www.facebook.com/help/contact/540977946302970
Cookies
Cookies are used on Facebook, which can serve different purposes. These can be both
technically necessary cookies as well as
Cookies for market research and advertising purposes, for the collection of usage statistics, for user interaction with external services (e.g. for the integration of third-party content), for web tracking, etc.
IBIS has no influence on this. The platform operator has provided further information on the use of cookies on its website, which you can access at https://www.facebook.com/policies/cookies/. For cookies that IBIS uses on the website, please refer to our privacy policy (https://ibis-thome.de/datenschutz/).
Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:Right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing is taking place, you can request the following information from the controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed
(4) the envisaged period for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine that period
(5) the existence of a right to rectification or erasure of personal data concerning you , a right to restriction of processing by the controller or a right to object to such processing
(6) the existence of the right to lodge a complaint with a supervisory authority
(7) all available information about the origin of the data if the personal data is not collected from the data subject
(8) the existence of automated decision-making, including profiling, referred to in Art. 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the rectification without undue delay.Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead
(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; or
(4) if you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds.
Where the processing of personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.Right to erasure
a) Obligation to erase
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 sentence 1 lit. a or Art. 9 para. 2 sentence 1 lit. a GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.
b) Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1) GDPR 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 controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Exceptions
The right to erasure does not apply if the processing is necessary
(1) to exercise the right to freedom of expression and information
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
(3) for reasons of public interest in the area of public health pursuant to Art. 9 para. 2 sentence 1 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defense of legal claims.Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed about these recipients.Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where
(1) the processing is based on consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR or Art. 9 para. 2 sentence 1 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.
The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the option, in connection with the use of information society services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures that use technical specifications.Right to revoke the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.Automated decision-making in individual cases, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller
(2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data in accordance with Art. 9 para. 1 GDPR, unless Art. 9 para. 2 sentence 1 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
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You can also contact the platform operator directly if data processing is carried out by the platform operator. The options for contacting us can be found under point I of this declaration.
Further information and explanations regarding the above-mentioned rights can be found on the European Commission's "Rights for Citizens" website.
