Last modified July, 2024
Privacy Statement
This privacy statement explains the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") within my online offer and its associated websites, features, and content, as well as my external online presence, such as my social media profile (hereafter collectively referred to as "online offer"). With regard to the terms used, such as "processing" or "data controller", I refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
CONTROLLER
Gabriela Aguilar
95203 Stockton, California
hello@gabrielaaguilar.com
https://gabrielaaguilar.com/privacy-policy
TYPES OF PROCESSED DATA:
Inventory data (e.g. names, addresses)
Contact details (e.g. e-mail, telephone numbers)
Content data (e.g. text input, photographs, videos)
Usage data (e.g. websites visited, interest in content, access times)
Meta/communication data (e.g. device information, IP addresses)
CATEGORIES OF DATA SUBJECTS
Visitors and users of the online offer (data subjects will hereinafter also be referred to as "users").
PURPOSE OF PROCESSING
Provision of the online offer, its features and contents
Responding to contact enquiries and communicating with users
Security measures
Audience measurement / marketing
USED TERMS
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter the "data subject"); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by reference to identifiers such as names, to identification numbers, to location data, to online identifiers (e.g. cookies) or to one or more special features that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
"Processing" means any operation or set of operations performed with or without the aid of automated procedures that involves personal data. The term is a broad one and covers virtually any handling of data.
"Pseudonymization" means 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 provision of additional information, provided that such additional information is kept separate and subject to technical and organizational measures ensuring that the personal data is not attributed to an identified or identifiable natural person.
"Profiling" means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to their work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.
"Controller" means 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.
"Processor" means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
APPLICABLE LEGAL BASES
In accordance with Art. 13 GDPR, I inform you about the legal basis of my data processing. Unless the legal basis is not mentioned in the privacy statement, the following applies: The legal basis for obtaining consent is article 6 (1) lit. a and Art. 7 GDPR, the legal basis for processing in order to fulfil my services, execute contractual, and respond to inquiries is art. 6 (1) lit. b GDPR, the legal basis for processing in order to fulfill my legal obligations is art. 6 (1) lit. c GDPR, and the legal basis for processing in order to safeguard my legitimate interests is article 6 (1) lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, art. 6 para. 1 lit. d GDPR serves as the legal basis.
SECURITY MEASURES
In accordance with art. 32 GDPR, I take appropriate technical and organizational measures to ensure an appropriate level of protection against risks to the rights and freedoms of natural persons, considering the current state of technology, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the probabilities of occurrence and severity of these risks.
Measures shall include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and virtual access to the data, as well as input, disclosure, availability and separation of data. I have also set up procedures against risks of data being compromised, and to ensure the deletion of data and that data subjects can exercise their rights. Furthermore, I take the protection of personal data into account as early as the development or selection of hardware, software, and procedures, in accordance with the principle of data protection through technology design and privacy-friendly default settings (article 25 GDPR).
COLLABORATION WITH CONTRACT PROCESSORS AND THIRD PARTIES
If, in the context of our processing, I disclose data to other persons and companies (contract processors or third parties), transmit data to them or otherwise grant access to it, this will only be done on the basis of legal permission (e.g. where transmission of data to third parties, such as payment service providers, is required to fulfill the contract pursuant to art. 6 (1) (b) GDPR), your consent, a legal obligation or on the basis of my legitimate interests (e.g. the use of agents, webhosts, etc.).
If I commission third parties to process data on the basis of a so-called "data processing agreement", this is done on the basis of art. 28 GDPR.
TRANSFERS TO THIRD COUNTRIES
If I process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done to fulfill my (pre-) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of my legitimate interests. Subject to legal or contractual permissions, I process or allow the data to be processed in a third country only if the special requirements of art. 44 ff. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to EU data protection levels (e.g. for the USA through the "Privacy Shield") or the observance of officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of Data Subjects
You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with art. 15 GDPR.
Pursuant to art. 16 GDPR, you have the right to request the completion of the data concerning you or the correction of any incorrect data concerning you.
Pursuant to art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data pursuant to art. 18 GDPR.
You have the right to demand to receive any personal data you have provided to me pursuant to art. 20 GDPR, and to request the transmission of this data to other controllers.
Pursuant to art. 77 GDPR, you also have the right to file a complaint with the competent supervisory authority.
WITHDRAWAL
You have the right to revoke consents granted pursuant to art. 7 (3) GDPR with effect for the future.
RIGHT OF OBJECTION
You can object to the future processing of your data in accordance with art. 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.
COOKIES AND RIGHT OF OBJECTION AGAINST DIRECT ADVERTISING
"Cookies" are small files that are stored on users' computers. Different information can be stored within these cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes their browser. Such cookies are used, for example, to save the content of a shopping cart in an online shop or a login status. The term "permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. For example, the login status can be saved if users visit it after several days. Likewise, such cookies can be used to store information on the interests of users, which is in turn used for range measurement or marketing purposes. "Third-party Cookies" refers to cookies that are offered by providers other than the controller managing the online offer ("first-party cookies", on the other hand, are cookies used exclusively by the controller).
I may use temporary and permanent cookies and explain this in the context of my privacy policy.
If users do not want cookies stored on their computer, they will be asked to disable the corresponding option in their browser's system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies may lead to functional restrictions of this online offer.
A general objection to the use of cookies used for online marketing purposes can be raised for a large number of services, particularly for tracking activities, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by switching them off in the browser settings. Please note that in this case not all features of this online offer can be used.
DELETION OF DATA
The data processed by my are deleted or limited in their processing in accordance with Articles 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the data stored by my are deleted as soon as they are no longer required for their purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for reasons relating to commercial or tax law.
NOTICE OF PRIVACY RIGHTS TO CALIFORNIA RESIDENTS
California law requires that I provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code.
As required by the Act, I will provide you with the categories of personally identifiable information that I collect through this website and the categories of third party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request. California law requires me to inform you, at your request: (1) the categories of personally identifiable information I collect and what third parties I share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires me to allow you to control who we can and cannot share that information with.
To obtain this information, please send a request by email or standard mail to hello@gabrielaaguilar.com. When contacting me please indicate your name, address, email address, and what personally identifiable information you do not want me to share with third parties. Please allow thirty (30) days for a response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice. California law requires that I provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, you have the right to know whether your personal information is being collected; the right to request the specific categories of information a business collects upon verifiable request; the right to know what personal information is being collected about you; the right to say “no” to the sale of personal information, the right to delete your personal information, the right to equal service and price, even if you exercise your privacy rights.
I will provide you with the categories of personally identifiable information that I collect through this website and the categories of third-party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request. California law requires me to inform you, at your request: (1) the categories of personally identifiable information I collect and what third parties I share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies.
The Act further requires me to allow you to control who I can and cannot share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting me please indicate your name, address, email address, and what personally identifiable information you do not want me to share with third parties. Please allow thirty (30) days for a response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.
BUSINESS-RELATED PROCESSING
In addition I process
contract data (e.g. subject matter and term of the contract, customer category)
payment data (e.g. bank details, payment history)
of my customers, prospects and business partners for the provision of contractual services and activities relating to customer service and customer care, marketing, advertising and market research.
ORDER PROCESSING IN THE ONLINE SHOP AND CUSTOMER ACCOUNT
I process my customers’ data as part of the ordering process in my online shop to allow them to select and order the selected products and services, and to facilitate their payment and delivery, or execution.
The processed data includes inventory data, communication data, contract data, payment data and data subjects include my customers, prospects and other business partners. Processing is carried out for the purpose of providing contractual services within the scope of online shop operations, billing, delivery and customer services. I use session cookies to store shopping cart contents and permanent cookies to store the login status.
Processing is based on art. 6 para. 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. Any information marked as required for the establishment and fulfillment of the contract is mandatory. I only disclose data to third parties within the scope of delivery, payment or within the scope of the legal permissions and obligations towards legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer's request for delivery or payment).
Users can optionally create a user account, primarily to view their orders. As part of the registration, users will be informed which information is used. User accounts are not public and cannot be indexed by search engines. If users terminate their user account, their data relating to the user account will be deleted, unless its retention is required for reasons relating to commercial or tax law pursuant to Art. 6 para. 1 lit. c GDPR. Information required for the customer account will be retained until the account is deleted and, where legally required, subsequently archived. In the event of termination, it is the responsibility of the users to secure their data before the end of the contract.
As part of the registration and re-registration process and use of my online services, I store the IP address and the time of the respective user action. The storage is based on my legitimate interests, as well as the user's protection against misuse and other unauthorized use. This data is not passed on to third parties unless it is necessary for the prosecution of my claims or there is a legal obligation pursuant to Art. 6 para. 1 lit. c GDPR.
The deletion takes place after expiration of legal warranty and comparable obligations, the necessity of the retention of data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after expiration of the retention period (retention periods pursuant to commercial law (6 years) and tax law (10 years)).
AGENCY SERVICES
I process my clients' data as part of my contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, campaign/process/handling implementation, server administration, data analysis/consulting services, and training services.
Here I process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g. text inputs, photographs, videos), contract data (e.g. subject matter and term of the contract), payment data (eg, bank details, payment history), usage and meta data (e.g. in the context of the evaluation and performance measurement of marketing activities). In principle, I do not process specific categories of personal data, unless these are components of a commissioned processing activity. Data subjects include my customers and prospects as well as their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contract services, billing, and my customer service activities. The legal basis for processing activities derives from art. 6 para. 1 lit. b GRPR (contractual services), art. 6 para. 1 lit. f GDPR (analysis, statistics, optimization, security measures). I process data that is required for the establishment and execution of contractual services and indicate its necessity. Data will only be disclosed to external parties if this is required within the scope of an order. When processing data provided to me within the context of an order, I act in accordance with the client’s instructions as well as with the statutory requirements for order processing pursuant to art. 28 GDPR and will not process the data for any purposes other than those specified in the order.
I delete the data after expiry of statutory warranty and comparable obligations. The necessity of the retention of data is reviewed every three years; where I am legally required to archive data, deletion takes place after expiration of the statutory retention period. Where clients disclose data to me in the context of an order, data deletion is performed in accordance with the order specifications, generally after the order has been completed.
EXTERNAL PAYMENT PROVIDERS
I use external payment providers that facilitate payment transactions between users and me though their platforms (e.g. including a link to the respective privacy policies, Paypal (https://www.paypal.com/webapps/mpp/ua/privacy-full).
Within the context of the performance of contracts, I use these payment providers on the basis of art. 6 para. 1 lit. b. GDPR. I also use external payment providers on the basis of my legitimate interests pursuant to art. 6 para. 1 lit. f. GDPR in order to provide my users with effective and secure payment options.
The data processed by the payment providers include inventory data such as name and address, bank details such as bank account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, summary and recipient-related information. These details are required to complete the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that I do not receive any bank account- or credit card-related information, but only payment confirmations or information when a payment is rejected. Payment service providers may pass on data to credit reporting agencies for identity verification and credit check purposes. In this regard I refer to the general terms and conditions and privacy statements of the payment service providers.
Payment transactions are subject to the terms and conditions and privacy policies of the respective payment service providers, which can be accessed within the respective websites or transaction applications. I also refer to these documents for further information and assertion of rights of withdrawal, information and other rights of data subjects.
ADMINISTRATION, FINANCIAL ACCOUNTING, OFFICE ORGANIZATION, CONTACT MANAGEMENT
I process data in the context of administrative tasks as well as the organization of my business, financial accounting and compliance with legal obligations, such as archiving processes. In doing so, I process the same data that I process in order to render my contractual services. The bases for processing activities are art. 6 para. 1 lit. c. GDPR and art. 6 para. 1 lit. f. GDPR. The processing concerns customers, prospects, business partners, and website visitors. The purpose of and my interest in the processing are administration, financial accounting, office organization, archiving of data, i.e. tasks which serve the maintenance of my business activities, performance of my tasks and provision of my services. The deletion of data with regard to contractual services and contractual communication corresponds to the details specified for these processing activities.
In doing so, I disclose or transmit data to fiscal authorities and consultants such as tax advisors or auditors, as well as other billing centers and payment service providers.
Furthermore, I store information on suppliers, operators and other business partners on the basis of our business interests, e.g. for the purpose of contacting clients in the future. I generally store this mostly company-related data permanently.
BUSINESS ANALYSIS AND MARKET RESEARCH
In order to operate my business economically, to recognize market trends, requirements of contracting partners and users, I analyze the data available to me for business transactions, contracts, inquiries, etc. I process inventory data, communication data, contract data, payment data, usage data, metadata based on art. 6 para. 1 lit. f. GDPR, with the data subjects including contractual partners, prospects, customers, visitors and users of my online offer.
Evaluations are carried out for purposes related to business analysis, marketing and market research. I can take into account the profiles of registered users along with the information provided, e.g. on the services they have used. These analyses help me to increase user-friendliness, to optimise my range of products and services and to improve business efficiency. These analyses will be used solely by me and will not be disclosed to outside parties unless they are anonymous analyzes with consolidated results.
Where these analyses or profiles are person-related, they will be deleted or anonymized upon termination by the users, otherwise after two years following the conclusion of the contract. General business and trends analyses are prepared anonymously wherever possible.
Participation in Affiliate Programs
Within my online offer, I use industry-standard tracking tools on the basis of my legitimate interests (i.e. interest in the analysis, optimization and profitable operation of my online offer) pursuant to art. 6 para. 1 lit. f GDPR, insofar as these are necessary for the operation of the affiliate system. Below I inform users about the technical details.
The services offered by my contractual partners may also be advertised and linked to on other websites (referred to as affiliate links or after-buy systems, e.g. third-party links or services that are offered after the conclusion of a contract). The operators of the respective websites receive a commission if users follow the affiliate links and then use the respective offers.
In summary, my online offer requires us to be able to keep track of whether users who are interested in affiliate links and/or the offers available from me, and if they use the offers provided through these affiliate links or on my online platform. To this end, the affiliate links and my offers are supplemented by certain details, which can be part of the link or provided otherwise, e.g. stored in a cookie. These details include in particular the source website (referrer), time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, an online identifier of the user, as well as details specific to the tracking tool used, such as ad ID, affiliate ID and categorization.
The online user IDs used by me are pseudonymous values. This means that the online identifiers themselves contain no personal data such as names or e-mail addresses. They only help me to determine if the same user who clicked on an affiliate link or showed interest in an offer via my online offer has accepted the offer, i.e. has concluded a contract with the respective provider. However, the online identifier is personal in so far as I and the partner company have access to the online identifier together with other user data. This is the only way the partner company can tell me whether the user has taken up the offer and I can, for example, pay out the bonus.
PRIVACY POLICY AND APPLICATION PROCESSES
I process applicant data only for the purpose and in the context of application processes and in compliance with legal requirements. The processing of applicant data takes place in order to fulfill my (pre-) contractual obligations in the context of the application process within the meaning of art. 6 para. 1 lit. b. GDPR and art. 6 para. 1 lit. f. GDPR where the processing of data becomes necessary for me, e.g. in the context of legal proceedings.
The application process requires that applicants provide their details to me. Where I offer an online application form, the required applicant data is marked as mandatory, otherwise the required details will be indicated in the job descriptions and basically include the applicant’s personal details, postal and contact addresses and documents such as cover letter, CV, and certificates. In addition, applicants may provide me with additional information on an optional basis.
By submitting their application to me, applicants consent to the processing of their data for the purposes of the application process in accordance with the nature and scope set forth in this privacy policy.
Where special categories of personal data within the meaning of art. 9 (1) GDPR are voluntarily disclosed within the context of the application procedure, their processing is also carried out in accordance with art. 9 (2) lit. b GDPR (e.g. health data, such as severe disability status or ethnic origin). Where special categories of personal data within the meaning of art. 9 (1) GDPR are requested from applicants as part of the application process, their processing is also carried out in accordance with art. 9 para. 2 lit. a GDPR (e.g. health data where necessary to fulfil job-related tasks).
Where provided, applicants may submit their applications to me via an online form on my website. The data will be encrypted and transmitted to me in accordance with the current state of technology.
Applicants may also send me their applications by e-mail. However, please note that e-mails are not generally sent in encrypted form and that applicants themselves must ensure that their e-mails are encrypted. I therefore cannot assume any responsibility for the transmission path of the application between the sender and reception on my server and therefore recommend using an online form or postal dispatch. Instead of applying via the online form and e-mail, applicants still have the option of sending their application by mail.
In the event of a successful application, the data provided by applicants may be further processed by me for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the applicant's data will be deleted. Applicants' data will also be deleted in the event that a candidate withdraws their application, which they are entitled to at any time.
Subject to a justified revocation by the applicant, deletion will take place after a period of six months so that I can answer any follow-up questions regarding the application and meet my obligations to provide evidence under any Equal Treatment Act. Invoices submitted for any reimbursement of travel expenses are archived in accordance with applicable tax regulations.
TALENT POOL
As part of the application, I offer applicants the opportunity to work in my "Talent Pool" for a period of two years on the basis of consent as defined in art. 6 para. 1 lit. a. and art. 7 GDPR.
Application documents in the Talent Pool are processed solely within the context of future job openings and recruitment activities and will be destroyed following expiration of the deadline at the latest. Candidates are informed that their consent to be admitted to the talent pool is voluntary, has no influence on the current application process and that they can revoke this consent at any time in the future and declare an objection within the meaning of art. 21 GDPR.
REGISTRATION FEATURE
Users can create a user account. Within the scope of registration, the required mandatory data will be communicated to the users and processed on the basis of art. 6 para. 1 lit. b GDPR for the purpose of providing the user account. The processed data includes in particular the login details (name, password and e-mail address). The data entered during registration will be used for the purposes of using the user account and its purpose.
Users may be informed by e-mail about information relevant to their user account, such as technical changes. If users have terminated their user account, their user account-related data will be deleted, unless this data is subject to statutory retention requirements. It is the responsibility of the users to secure their data before the end of the contract in the event of termination. I am entitled to irretrievably delete all user data that was stored during the term of the contract.
In the context of the use of my registration and registration features as well as the use of the user account, I store the IP address and the time of the respective user action. The storage is based on my legitimate interests, as well as the user's protection against misuse and other unauthorized use. This data is not passed on to third parties, unless this is necessary for the pursuit of my claims or where I am legally required to do so in accordance with. art. 6 para. 1 lit. c. GDPR. The IP addresses will be anonymized or deleted after a period of 7 days at the latest.
COMMENTS AND CONTRIBUTIONS
If users leave comments or other contributions, their IP addresses may be stored for 7 days on the basis of my legitimate interests within the meaning of art. 6 para. 1 lit. f. GDPR. This serves my own security for instances where someone leaves comments or contributions containing illicit content (insults, prohibited political propaganda, etc.). In this case, I may be prosecuted for the comment or post and are therefore interested in knowing the identity of the author.
Furthermore, I reserve the right, in accordance with my legitimate interests pursuant to art. 6 para. 1 lit. f. GDPR, to process user information for the purpose of spam detection.
On the same legal basis, in the case of surveys, I reserve the right to store users’ IP addresses for the duration of their use and to use cookies to avoid multiple votes.
The data provided in the comments and contributions will permanently be stored by me until the user objects.
CONTACT
When contacting me (e.g. via contact form, e-mail, telephone or social media), I process information provided by the user to handle the contact inquiry pursuant to art. 6 para. 1 lit. b. (regarding contractual / pre-contractual relationships), art. 6 para. 1 lit. f. (regarding other requests) GDPR. User information may be stored in a Customer Relationship Management System ("CRM System") or similar tool for inquiry processing.
I delete inquiries once they are no longer required. I review the necessity every two years; furthermore, the statutory archiving provisions apply.
NEWSLETTER
With the following information I inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to my newsletter, you agree to the receipt and to the procedures described.
Content of the newsletter: I send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter "newsletter") only based on the consent of the recipient or where I am legally allowed to do so. Where the contents of the newsletter are specifically described as part of the newsletter registration, they are authoritative for the consent of the users. In addition, my newsletters contain information about my services and me.
Logging: The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. Likewise, changes to your data stored with the newsletter dispatch provider will be logged.
Credentials: It is sufficient to provide your e-mail address to subscribe to the newsletter. I ask you to also provide a name, so I can address you personally in the newsletter.
The dispatch of the newsletter and the associated performance measurement are based on the recipient’s consent pursuant to art. 6 para. 1 lit. a, art. 7 GDPR or if, based on my legitimate interests in direct marketing pursuant to art. 6 para. 1 lt. F. GDPR in conjunction with section 7 para. 3 UWG, consent is not required.
The logging of the registration process is based on my legitimate interests pursuant to art. 6 para. 1 lit. f GDPR. I am interested in using a user-friendly and secure newsletter system that serves my business interests, meets users' expectations, and allows me to provide evidence of consent.
Termination / Revocation: you can unsubscribe from my newsletter, i.e. revoke your consent, at any time. A link to unsubscribe from the newsletter can be found at the end of each newsletter. Based on my legitimate interests and to be able to provide evidence of prior consent, I may store the unsubscribed email addresses for up to three years before deleting them. The processing of these data is limited to the purpose of a possible defense against claims. Individual deletion requests may be submitted at any time, provided that the person requesting deletion confirms the former existence of a consent at the same time.
Newsletter – Dispatch Provider
The newsletter is sent using the dispatch service provider Seva, 113 Cherry St # 92768, Seattle, WA, 98104-2205, United States of America. The privacy policy of the dispatch service provider can be viewed here: https://convertkit.com/privacy/. The use of the dispatch service provider is based on my legitimate interests according to art. 6 para. 1 lit. f. GDPR and a contract processing agreement as defined by art. 28 (3) clause 1 GDPR.
The dispatch service provider may use the recipient’s data in a pseudonymous form, i.e. without attribution to a user, to optimize or improve their own services, e.g. for the technical optimization of newsletter dispatch and of the presentation of newsletters or for statistical purposes. However, the dispatch service provider will not use the data of my newsletter recipients to contact them on its own behalf or to pass the data on to third parties.
HOSTING AND E-MAILING
The hosting services I use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mailing, security and technical maintenance services I use to operate this online service.
In this regard I, or my hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospects and visitors to this online offer on the basis of my legitimate interests in the efficient and secure provision of these online services according to art. 6 para. 1 lit. f GDPR in conjunction with art. 28 GDPR (conclusion of a contract processing contract).
COLLECTION OF ACCESS DATA AND LOG FILES
Based on my legitimate interests within the meaning of art. 6 para. 1 lit. f GDPR, I and/or my hosting provider collect access data each time the server on which this service is located (referred to server log files) is accessed. The access data includes the name of the retrieved web page, file, date and time of retrieval, amount of data transferred, report of successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the provider submitting the request.
Logfile information is stored for security reasons (e.g. to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data which must be stored longer for evidential purposes shall be exempt from deletion until the respective incident has been fully clarified.
GOOGLE ANALYTICS
Based on my legitimate interests (i.e. interest in the analysis, optimization and profitable operation of my online services within the meaning of art. 6 (1) lit. f GDPR), I use Google Analytics, a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about users’ use of the online services will usually be transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Agreement, thereby guaranteeing compliance with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active ).
Google will use this information on my behalf to evaluate users’ use of my online services, to compile reports on the activities within this online offer and to provide me with further services associated with the use of these online services and the Internet. In this case, pseudonymous usage profiles of users can be created from the processed data.
I only use Google Analytics with IP anonymization enabled. This means that users’ IP addresses will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user's browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to its use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: http: // tools .google.com / dlpage / gaoptout? hl = DE .
For more information about Google's data usage, configuration options and possibilities to appeal, please read Google's privacy policy ( https://policies.google.com/technologies/ads ) as well as the settings for the display of advertisements by Google (https: // adssettings.google.com/authenticated).
The personal data of users will be deleted or anonymized after 14 months.
GOOGLE UNIVERSAL ANALYTICS
I use Google Analytics as "Universal Analytics". "Universal Analytics" means a Google Analytics process where the user analysis is based on a pseudonymous user ID and thus a pseudonymous profile of the user is created with information from different devices (referred to as "cross-device tracking").
TARGETING WITH GOOGLE ANALYTICS
I use Google Analytics to show advertisements displayed within Google and its affiliate advertising services only to those users who have shown an interest in my online services or who meet certain characteristics (e.g. being interested in specific topics or products visited by them- Web Pages) that I submit to Google (referred to as "remarketing" or "Google Analytics audiences"). By using remarketing audiences, I also want to make sure that my ads meet the potential interest of users.
VISUAL WEBSITE OPTIMIZER
Within my online offer, based on my legitimate interests (i.e. interest in the analysis, optimization and profitable operation of my online offer within the meaning of art. 6 (1) f. GDPR), I use the Visual Website Optimizer service (an offer of Wingify Software Private Limited , 404, Gopal Heights, Netaji Subhash Place, Pitam Pura, Delhi 110034, India).
Visual Website Optimizer allows website owners to understand the effects of changes made to a website (such as changes to the input fields, the design, etc.) as part of so-called "A/B-tests", "click tracking" and "heatmaps". A/B helps improve the usability and performance of online offerings. For example, users are presented with different versions of a website or its elements, such as input forms, on which the placement of the contents or labels of the navigation elements can differ. The behaviour of users, e.g. length of time spent on the website or more frequent interaction with the elements, can then be used to determine which of these websites or elements are more suited to users' needs. "Clicktracking" allows website owners to keep track of the movements of users within an entire online offering. As the results of these tests are more accurate if users’ interactions can be observed over a certain period of time (e.g. if a user likes to return), cookies are usually stored on the computers of the users for these test purposes. "Heatmaps" are mouse movements of the users, which are then combined to provide an overall picture that allows the website owner to see which web page elements are preferred and which web page elements users prefer less.
Cookies will only be stored on users' devices for these test purposes. Only pseudonymous user data will be processed. For more information, please refer to the Visual Website Optimizer privacy policy: https://vwo.com/privacy-policy/ .
ONLINE PRESENCE IN SOCIAL MEDIA
I maintain online presences within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about my services.
I would like to point out that user data collected in this context may be processed outside the European Union. This may entail risks for users, e.g. by making it more difficult to enforce users' rights. I would like to point out that US providers certified under the Privacy Shield undertake to comply with EU privacy standards.
Furthermore, user data is usually processed for market research and advertising purposes. For example, user behavior and information about user interests derived from users’ behavior can be used to create user profiles. These can in turn be used, for example, to place advertisements inside and outside the platforms which are presumed to correspond to the interests of the users. For these purposes, cookies in which the user's usage behavior and interests are stored will usually be stored on the user's computer. Furthermore, data can be stored in the user profiles irrelevant of the device type used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of users' personal data is carried out on the basis of our legitimate interests in effective information for users and communication with users pursuant to art. 6 para. 1 lit. f GDPR. If the users are asked by the respective providers to consent to the data processing (i.e. by ticking a check box or pressing a button), the legal basis of the processing is art. 6 para. 1 lit. a and art. 7 GDPR.
For a detailed description of the respective processing and the possibilities of objection (opt-out), I refer to the information by the providers at the links below
Also in the case of requests for information and the assertion of user rights, I would like to point out that these can be claimed most effectively from the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, please do not hesitate to contact me.
- Google / YouTube (Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA) - Privacy Policy: https://policies.google.com/privacy , opt-out: https://adssettings.google.com/authenticated , Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active .
- Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) - Privacy Policy / Opt-Out: http://instagram.com/about/legal/privacy/ .
- Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) - Privacy Policy: https://twitter.com/privacy , opt-out: https://twitter.com/personalization , Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active .
- Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) - Privacy Policy / Opt-Out: https://about.pinterest.com/en/privacy-policy .
- LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland) - Privacy Policy https://www.linkedin.com/legal/privacy-policy , opt-out: https://www.linkedin.com/psettings/guest -controls / retargeting-opt-out , Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active .
INTEGRATION OF THIRD-PARTY SERVICES AND CONTENT
Based on my legitimate interests (i.e. interest in the analysis, optimization and profitable operation of my online offer within the meaning of art. 6 (1) lit. GDPR), I use third-party content and/or services in order to integrate these providers’ content and services, such as videos or fonts (collectively referred to as "content").
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. I endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on users’ devices and may include technical information about the browser and operating system, referring web pages, time of access, and other information regarding the use of our online offer.
YOUTUBE
I embed videos shown on Google’s YouTube platform: Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/ , opt-out: https://adssettings.google.com/authenticated .
GOOGLE FONTS
I incorporate the fonts ("Google Fonts") provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/ , opt-out: https://adssettings.google.com/authenticated .
GOOGLE RECAPTCHA
I use the Bots Detection feature, for example for entries in online forms ("ReCaptcha") provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/ , opt-out: https://adssettings.google.com/authenticated .
I may integrate Instagram features and content provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, in my online offering. This may include, for example, content such as images, videos or text and buttons that allow users to share content from this online offering within Instagram. If the users are Instagram members, the Instagram platform will be able to attribute the used of the contents and functions mentioned above to users’ Instagram profiles. Instagram privacy policy: http://instagram.com/about/legal/privacy/.
I may integrate Pinterest features and content provided by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA, in our online offering. This may include, for example, content such as images, videos or texts and buttons that allow users to share content from this online offering within Pinterest. If the users are Pinterest members, the Pinterest platform Pinterest will be able to attribute the use of the contents and functions and functions mentioned above to users’ Pinterest profiles. Pinterest Privacy Policy: https://about.pinterest.com/privacy-policy.
DISCLAIMER
Liability for content
The contents of my pages were created with great care. However, I cannot guarantee the correctness, completeness and actuality of the content. As a service provider, I am responsible for my own content on these pages. However, I as service provider am not obliged to monitor transmitted or stored third-party information or to search for circumstances which indicate an illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. Liability in this regard, however, is only possible from the time of the knowledge of a specific infringement.
Liability for links
My website contains links to external websites of third parties on whose contents I have no influence. Therefore, I cannot assume any liability for these third-party content. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. A permanent control of the content of the linked pages is, however, without concrete evidence of an infringement, unreasonable. I will remove such links immediately if I become aware of any legal infringements.
Copyright
The content copying, processing, distribution and any kind of exploitation outside the limits of copyright require the consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. If the content on this site is not created by the operator, the copyrights of third parties are respected. In particular contents of third parties are marked as such. Should you nevertheless be aware of a copyright infringement, I ask for a corresponding note. If I become aware of legal violations, I will immediately remove such content.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (»Google«). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. On this website the IP anonymization feature is activated. As a result Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
How to prevent being tracked by Google Analytics on gabrielaaguilar.com: You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en.