Privacy Policy Social Media (Facebook / Instagram)

You can also find our company on social networks on which we operate a corporate presence. As a matter of principle, we collect and use personal data of our users only to the extent necessary to provide our content and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

I. Name and address of the jointly responsible persons

Jointly responsible in relation to data processing for the operation of our Facebook/Instagram corporate presence are:

Facebook Ireland Ltd
(hereinafter “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
‑EMail: info@ibis-thome.de
Website: www.ibis-thome.de

II. Name and address of the data protection officer

Contact Facebook’s 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 at IBIS Prof. Thome AG:

Konstantin Malakas / Lawyer
Steinbachtal 2b
97072 Würzburg
Phone: +49 931 29 98 08 — 0
Fax: +49 931 29 98 08 — 8
Email: dsb@ibis-thome.de
Websites: www.malakas.de

III. provision of services and creation of log files

  1. description and scope of data processing

By calling up the platform of the platform operator, you send, among other things, the following data to its server for technical reasons, which is stored in a log file at the platform operator:

(1) Information about the browser type and version used

(2) The operating system of the user

(3) The Internet service provider of the user

(4) The IP address of the user

(5) Date and time of access

(6) Websites from which the user’s system accesses our website

(7) Websites that are called up by the user’s system via our website

However, IBIS does not have access to this data. Instead, the platform operator provides IBIS with pseudonymized statistics that IBIS can use to draw conclusions about the use of the company’s presence and the success of advertising measures. Personal data is processed by the platform operator to create these statistics.

IBIS cannot, however, draw any conclusions about individual persons on the basis of the statistics, because within the scope of the analysis, IBIS does not have additional information with the help of which the data could be assigned 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, your profile photo, if applicable, date details, and possibly also other data that you have shared on Facebook) or data processing by us takes place directly as a result.

Please note that according to 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 pursuant to Article 45 of the GDPR or on the basis of appropriate safeguards pursuant to Article 46 of the GDPR (https://www.facebook.com/privacy/explanation, see item “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

  1. legal basis for the processing of personal data

The legal basis for the processing of the users’ personal data is Art. 6 para. 1 p.1 lit. a DSGVO.

The notices issued by Facebook regarding the legal basis for the processing of personal data can be viewed at https://www.facebook.com/about/privacy/legal_bases.

  1. purpose of data processing
    Our purpose for processing data on our social media presence is to disseminate information about our range of products and services, as well as to provide the opportunity to exchange information 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 as a result flow into the further development of our range of products and services. The legal basis of IBIS — both for the use of the statistics and for interaction with users of Facebook — is thus, in addition to consent, also the protection of our legitimate interest pursuant to Art. 6 para. 1 p.1 lit. f. insofar as your interests, fundamental rights and freedoms do not prevail.

If IBIS publishes photos of individuals on its corporate presence, this is done on the legal basis of prior consent (Art. 6 para. 1 lit. a DSGVO) or a contractual agreement (Art. 6 para. 1 lit. b DSGVO).

  1. duration of storage
    The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the responsible party is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or performance of a contract.

For information on data storage by the platform operator, please refer to its privacy policy, which is available at https://de-de.facebook.com/about/privacy/ or https://de-de.facebook.com/help/instagram/519522125107875.

  1. objection and removal option
    To contact the data protection officer of Facebook Ireland Ltd., Facebook has provided a form at the following link: https://www.facebook.com/help/contact/2061665240770586

V. 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 collecting usage statistics, for user interaction with external services (e.g. for integrating 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/).

VI. Rights of the data subject

If personal data is processed by you, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

  1. right to information

You may request confirmation from the controller as to whether personal data concerning you are being processed by us.
If there is such processing, you can request information from the controller about the following:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data which are processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration;

(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 a right of appeal to a supervisory authority;

(7) any available information on the origin of the data, if the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about 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 about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

  1. right to rectification

You have a right to rectification and/or completion vis-à-vis the controller, insofar as the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

  1. right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

(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 object to the erasure of the personal data and request instead the restriction of the use of the personal data;

(3) the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or

(4) if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only 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 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.

  1. right to deletion

a) Obligation to delete

You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue delay, if one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for 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 (1) sentence 1 a or Art. 9 (2) sentence 1 a DSGVO and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.

(4) The personal data concerning you have been processed unlawfully.

(5) The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

(6) The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

c) Exceptions

The right to erasure does not exist insofar as the processing is necessary to

(1) to exercise the right to freedom of expression and information;

(2) for compliance with a legal obligation which requires processing under 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 (2) S.1 lit. h and i as well as Art. 9 (3) DSGVO;

(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or

(5) for the assertion, exercise or defense of legal claims.

  1. right to informationIf 
    you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform 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 to be informed about these recipients by the data controller.

  1. right to data portability

You have the right to receive the personal data concerning you that 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 whom the personal data has been provided, provided that

(1) the processing is based on consent pursuant to Art. 6 para. 1 sentence 1 lit. a DSGVO or Art. 9 para. 2 sentence 1 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b DSGVO and

(2) the processing is carried out with the aid of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to 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.

  1. right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) sentence 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate 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 is processed for the purpose of direct marketing, you have the right to object at any time to processing of the personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing. If
you object to the processing for direct marketing purposes, the personal data
concerning you will no longer be processed for these purposes.
You have the possibility, 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 using technical specifications.

  1. right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

  1. automated decision 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 fulfillment of a contract between you and the responsible party,

(2) is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or

(3) is done with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9(1) DSGVO, unless Art. 9(2) p.1 lit. a or g DSGVO applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

  1. right to complain to 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 residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

 

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You can also contact the platform operator directly, insofar as data processing by the platform operator is concerned. You can find the options for contacting us under point I of this declaration.

For more information and clarification regarding the above rights, please visit the European Commission’s Rights for Citizens website.