Privacy
Privacy Policy
We are very pleased about your interest in the artworks, prints, and creations presented on artvariable and the artvariable website.
This website is operated by THRdesign – Thomas Richter, in cooperation with Endy Hupperich.
Data protection is of particularly high importance to us. The use of the artvariable website is generally possible without providing any personal data. However, if a data subject wishes to make use of special services offered by our company via the website (such as purchases), the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data — such as the name, address, email address, or telephone number of a data subject or company — is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the applicable national data protection laws (the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG)). With this privacy policy, THRdesign aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy explains the rights of data subjects.
As the controller responsible for processing, THRdesign has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed through this website. However, internet-based data transmissions may in principle 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.
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 provisions of a data protection nature is:
Thomas Richter
Am Ring 2
86981 Kinsau
Germany
Tel.: +49 8869 2133225
Email: info@thr-design.com
Website: www.thr-design.com
Cookies
The artvariable website uses NO cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.
Many websites and servers use cookies. A large number of cookies contain what is known as a cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of a data subject from other internet browsers that contain different cookies. A particular internet browser can thus be recognized and identified by its unique cookie ID.
SSL or TLS Encryption
For security reasons, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of your browser changes from “http://” to “https://” and by the lock symbol in your browser bar.
SSL (Secure Sockets Layer) or TLS encryption is a standardized security technology used to establish an encrypted connection between a server and a client — typically a web server (website) and a browser.
Collection of General Data and Information
Each time the artvariable website is accessed by a data subject or an automated system, a series of general data and information is collected. These general data and information are stored in the server’s log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-pages that are accessed on our website via an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol (IP) address, (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, THRdesign does not draw any conclusions about the data subject. Rather, this information is needed to (1) correctly deliver the content of our website, (2) optimize the content and advertising of our website, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. These anonymously collected data and information are therefore statistically evaluated by THRdesign, with the further aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
Routine Deletion and Blocking of Personal Data
The controller processes and stores personal data of the data subject/company only for the period necessary to achieve the storage purpose or as provided 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 a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with legal requirements.
Rights of the Data Subject/Company
a) Right to Confirmation
Every data subject/company has the right granted by the European legislator to request from the controller confirmation as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact an employee of the controller at any time.
b) Right of Access
Every data subject/company whose personal data is processed has the right granted by the European legislator to obtain free information at any time from the controller about the personal data stored about them and a copy of this information. Furthermore, the European legislator grants the data subject/company information on the following:
- The purposes of the processing
- The categories of personal data processed
- The recipients or categories of recipients to whom the personal data has been or will be disclosed, especially recipients in third countries or international organizations
- If possible, the planned storage period for the personal data, or if not possible, the criteria for determining this period
- The existence of a right to rectification or deletion of personal data concerning them, or a right to restrict processing by the controller, or a right to object to such processing
- The existence of a right to lodge a complaint with a supervisory authority
- If 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 pursuant to Article 22 (1) and (4) GDPR and, at least in these 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/company has the right to be informed whether personal data has been transferred to a third country or an international organization. If this is the case, the data subject also has the right to be informed about the appropriate safeguards related to the transfer.
If a data subject/company wishes to exercise this right of access, they may contact the controller at THRdesign at any time.
The data necessary for shipping provided by the buyer will, of course, be transmitted to the involved shipping service providers, as this is necessary to fulfill the transaction. We are not responsible for how these service providers handle this data and cannot provide information about it.
c) Right to Rectification
Every data subject/company whose personal data is processed has the right granted by the European legislator to request the immediate correction of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data — also by means of a supplementary statement.
If a data subject/company wishes to exercise this right to rectification, they may contact the controller at THRdesign at any time.
d) Right to Erasure (Right to be Forgotten)
Every data subject/company whose personal data is processed has the right granted by the European legislator to request that the controller immediately delete personal data concerning them, provided that one of the following reasons applies and the processing is not required:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws consent on which the processing pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR was based, and 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 deletion of personal data is necessary to fulfill 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 pursuant to Art. 8(1) GDPR.
If one of the above reasons applies and a data subject/company wishes to request the deletion of personal data stored at THRdesign, they may contact the controller at any time. The controller will ensure that the deletion request is promptly complied with.
e) Right to Restriction of Processing
Every data subject/company whose personal data is processed has the right granted by the European legislator to request the restriction of processing by the controller if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject/company, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, and the data subject/company opposes the deletion of the personal data and requests instead the restriction of their use.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise, or defense of legal claims.
- The data subject/company has objected to the processing pursuant to Art. 21(1) GDPR, and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions applies and a data subject/company wishes to request the restriction of personal data stored at THRdesign, they may contact the controller at any time. The controller will arrange for the restriction of processing.
f) Right to Data Portability
Every data subject/company whose personal data is processed 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 this data to another controller without hindrance from the controller to whom the personal data has been provided, provided the processing is based on consent pursuant to Art. 6(1)(a) 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, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, the data subject/company has the right, when exercising their right to data portability pursuant to Art. 20(1) GDPR, to have the personal data transmitted directly from one controller to another, insofar as this is technically feasible and provided it does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject/company may contact the controller at THRdesign at any time.
g) Right to Object
Every data subject/company whose personal data is processed 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.
THRdesign will 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/company, or the processing serves the establishment, exercise, or defense of legal claims.
If THRdesign processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to THRdesign regarding processing for direct marketing purposes, THRdesign will no longer process the personal data for these purposes.
Furthermore, the data subject/company has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them that is carried out by THRdesign for scientific or historical research purposes or 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/company may contact the controller at THRdesign or another employee directly. It is also possible for the data subject to exercise their objection right in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.
h) Automated Individual Decisions including Profiling
Every data subject/company whose personal data is processed 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 performing 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 contains 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 performing a contract between the data subject and the controller, or (2) is based on the data subject's explicit consent, THRdesign takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject/company, including at least the right to obtain human intervention from the controller, to express their point of view, and to contest the decision.
If the data subject/company wishes to exercise rights regarding automated decisions, they may contact an employee of the controller at any time.
i) Right to Withdraw Consent
Every data subject/company whose personal data is processed has the right granted by the European legislator to withdraw their consent to the processing of personal data at any time.
If the data subject/company wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.
Privacy Policy for the Use of Instagram
On the artvariable website, there is a link to the Instagram profile of artvariable. This is a link to an external website. This external website (Instagram) is operated by Meta Platforms, Inc.
To the extent that personal data is processed in connection with our Instagram page and Instagram/Facebook/Meta alone decides on the purposes and means of processing, the sole controller for the processing is:
Meta Platforms Ireland Ltd.
4 Grand Canal Square
Grand Canal Harbour
Dublin 2
Ireland
Google Web Fonts
This site uses so-called web fonts for a consistent display of fonts. When a page is loaded, your browser loads the required web fonts to display texts and fonts correctly. The web fonts are not loaded from Google.com but are hosted locally on the server. No IP address is transmitted to Google for this purpose.
If your browser does not support web fonts, a standard font from your computer will be used.
Legal Basis for Processing
Art. 6 I lit. 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 required for the delivery of goods or the provision of a service, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations necessary for pre-contractual measures, for example, inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as fulfilling tax obligations, the processing is based on Art. 6 I lit. 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 would be the case if a visitor to our company were injured and their name, age, health insurance information, or other vital information needed to be shared with a doctor, hospital, or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations may be based on Art. 6 I lit. f GDPR. This legal basis covers processing operations not captured by the other aforementioned legal bases, if the processing is necessary to protect a legitimate interest of our company or a third party, provided the interests, fundamental rights, and freedoms of the data subject do not override them. Such processing operations are particularly allowed because they are explicitly mentioned by the European legislator. The legislator considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
Legitimate Interests in Processing Pursued by the Controller or a Third Party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the operation of our business for the benefit and well-being of our employees.
Duration for which Personal Data Will Be Stored
The criterion for the storage duration of personal data is the respective statutory retention period. After this period expires, the corresponding data will be routinely deleted, provided they are no longer required for the fulfillment of a contract or for contract initiation.
Legal or Contractual Requirements for Providing Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject/Company to Provide Personal Data; Possible Consequences of Non-Provision
We inform you that providing personal data is partly legally required (e.g., tax regulations) or may also arise from contractual agreements (e.g., information about the contracting party). Sometimes, it may be necessary to provide personal data in order to conclude a contract, which will then be processed by us. For example, the data subject/company is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would result in the contract not being concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will explain, on a case-by-case basis, whether providing personal data is legally or contractually required or necessary for concluding the contract, whether there is an obligation to provide personal data, and what the consequences of not providing the personal data would be.
This privacy policy was created, among others, using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Aschaffenburg, in cooperation with IT and data protection lawyer Christian Solmecke and others.