IMPRINT | hayuma aktuell

We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of hayuma. The use of the internet pages of hayuma is generally possible without any indication of personal data. However, if a data subject wishes to use special services provided by our company via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data—such as the name, address, e-mail address, or telephone number of a data subject—is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to hayuma. By means of this privacy policy, our company would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

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

1. Definitions

The privacy policy of hayuma is based on the terminology used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understandable for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use, among others, the following terms in this privacy policy:

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

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

c) Processing
Processing means any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

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

f) Pseudonymization
Pseudonymization is the processing of personal data in such a way 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 is not attributed to an identified or identifiable natural person.

g) Controller or person responsible for processing
The controller or person responsible for processing is the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

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

i) Recipient
Recipient is a natural or legal person, public authority, agency, or another body, to which the personal data is 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.

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

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

2. Name and Address of the Controller Responsible for Processing

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union, and other regulations related to data protection is:

hayuma
1 Rue Cuistine
75018 Paris
France

Email: contact@hayuma.com
Website: www.atelierhayuma.com

3. Collection of General Data and Information

The website of hayuma collects a series of general data and information whenever a data subject or an automated system accesses the website. This general data and information are stored in the server log files. The following may be collected: (1) the types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serve to protect against threats in the event of attacks on our IT systems.

When using this general data and information, hayuma does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (3) ensure the permanent functionality of our IT systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. Therefore, hayuma evaluates this data anonymously for statistical purposes and with the aim of increasing data protection and data security in our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from any personal data provided by a data subject.

4. Routine Erasure and Blocking of Personal Data

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

If the storage purpose ceases to apply or if a legally required storage period expires, the personal data is routinely blocked or erased in accordance with legal requirements.

5. Rights of the Data Subject

a) Right to Confirmation
Every data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right to confirmation, they may contact our data protection officer or any other employee of the controller at any time.

b) Right of Access
Every data subject has the right, granted by the European legislator, to obtain free information at any time about the personal data stored about them and a copy of that information. Furthermore, the European legislator grants the data subject access to the following information:

the purposes of 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
if 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 rectification or erasure of personal data or restriction of processing or to object to such processing
the right to lodge a complaint with a supervisory authority
where the personal data is not collected from the data subject, any available information about the source of the data
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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 has the right to be informed whether personal data is transferred to a third country or 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 exercise this right of access, they may contact our data protection officer or another employee of the controller at any time.

c) Right to Rectification
The data subject has the right to request the rectification of inaccurate personal data concerning them without undue delay. Taking into account the purposes of processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

d) Right to Erasure (Right to be Forgotten)
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies and insofar 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 the consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
The personal data have been unlawfully processed.
The erasure of the personal data is required to comply with a legal obligation under 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 Art. 8(1) GDPR.

If one of the above applies and a data subject wishes to request the erasure of personal data stored by hayuma, they may contact our data protection officer or another employee of the controller at any time. The data protection officer or another employee will ensure the erasure request is fulfilled without delay.

If the personal data has been made public by hayuma and our company is obliged as controller under Art. 17(1) GDPR to erase the personal data, hayuma shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other data controllers processing the disclosed personal data that the data subject has requested the erasure of any links to, or copies or replications of, those personal data, provided the processing is not required. The data protection officer or another employee will arrange the necessary steps in individual cases.

e) Right to Restriction of Processing

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

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful, and the data subject opposes the erasure of the personal data and requests 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 defence of legal claims.
The data subject has objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by hayuma, they may contact our data protection officer or another employee of the controller at any time. The data protection officer or another employee will initiate the restriction of processing.

f) Right to Data Portability

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data were provided, where:

the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR; and
the processing is carried out by automated means, provided that 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.

In exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject also has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may at any time contact the data protection officer appointed by hayuma or another employee.

g) Right to Object

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

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

Where hayuma 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 them for such marketing. This applies also to profiling to the extent that it is related to such direct marketing. If the data subject objects to hayuma to the processing for direct marketing purposes, hayuma will no longer process the personal data for these purposes.

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

To exercise the right to object, the data subject may contact the data protection officer of hayuma or another employee directly. Furthermore, the data subject is free to exercise their right to object in the context of the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.

h) Automated Individual Decision-Making, Including Profiling

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

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

If the data subject wishes to assert rights concerning automated decisions, they may contact our data protection officer or another employee of the controller at any time.

i) Right to Withdraw Consent under Data Protection Law

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

If the data subject wishes to exercise their right to withdraw consent, they may contact our data protection officer or another employee of the controller at any time.

6. Legal Basis for Processing

Article 6(1)(a) GDPR serves as the legal basis for our company 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 a party — such as processing operations necessary for the delivery of goods or provision of any other service — the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations required to carry out pre-contractual measures, for example in response to inquiries about our products or services.

If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR.

In rare cases, processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This could be the case, for example, if a visitor were injured on our premises and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third party. In that case, the processing would be based on Article 6(1)(d) GDPR.

Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal grounds if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. It considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47, Sentence 2 GDPR).

7. Legitimate Interests Pursued by the Controller or a Third Party

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

8. Duration for Which the Personal Data Will Be Stored

The criterion for determining the duration of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data are routinely deleted, provided they are no longer necessary for the fulfillment or initiation of a contract.

9. Legal or Contractual Requirements for Providing Personal Data; Necessity for the Conclusion of the Contract; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Failure to Provide Such Data

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual obligations (e.g., information about the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us to conclude a contract.

For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.

Before providing personal data, the data subject must contact our data protection officer, who will clarify on a case-by-case basis whether the provision of the personal data is legally or contractually required, or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of failure to provide the data.

10. Existence of Automated Decision-Making

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

This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer in Düsseldorf, in cooperation with the Cologne-based data protection attorney Christian Solmecke.