dataprotection
dataprotection

Privacy Policy

I. Name and address of the Controller

The Controller as defined in the EU General Data Protection Regulation (GDPR) and other national data protection laws of the EU member states and other provisions under data protection law is:

Mark Frömberg
Aßmannstraße 24
12587 Berlin
GERMANY

E-Mail: hello@markfromberg.com
Website: www.markfromberg.com

II. General provisions for data processing

1. Scope of processing of personal data

In principle, we collect and use personal data of our users and customers only insofar as necessary for providing a functional website and our services. Regularly, we collect and use personal data of our users only after having been granted the user’s consent or, in cases in which obtaining prior consent is not possible for factual reasons, if processing of data is permitted by legal provisions.

2. Legal basis for processing of personal data

If we obtain the consent of the data subject for processing procedures, the legal basis for processing of personal data is Art. 6 (1), point a of the EU General Data Protection Regulation (GDPR).

The legal basis for processing of personal data required for fulfilling a contract to which the data subject is a party is Art. 6 (1), point b, GDPR. The same shall apply to processing required for execution of pre-contractual measures.

If processing of personal data is required for fulfilling a legal obligation to which our company is subject, the legal basis is Art. 6 (1), point c, GDPR.

In the event that vital interests of the data subject or another natural person necessitate processing, the legal basis is Art. 6 (1), point d, GDPR.

If processing is required for safeguarding a legitimate interest of our company or a third party and if the interests, basic rights and fundamental liberties of the data subject do not take precedence over the aforementioned interest, the legal basis for such processing is Art. 6 (1), point f, GDPR.

3. Erasure of data and retention period

The personal data of the data subject are erased or blocked as soon as the purpose for their storage ceases to apply. They may be retained past that time if provided for by the European or national legislature in Union regulations, laws or other provisions to which the Controller is subject. The data shall also be erased or blocked upon expiration of a retention period provided for by the above standards unless further storage of the data is required for concluding or fulfilling a contract.

III. Logfiles upon visiting the website

1.

When visiting our website www.markfromberg.com, the browser used on your end device automatically sends information to the webhost server. Such information is stored temporarily in a so-called log file and is erased automatically after expiration of a period of six months. The following information is collected without your assistance and is stored until its automated erasure:

  • - IP address of the computer sending the request,
  • - Date and time of accessing the site,
  • - Name and URL of the requested file, and
  • - The browser used and possibly your computer’s operating system.

The above data are processed for the following purposes:

  • - Ensuring trouble-free establishment of a connection to the website,
  • - Ensuring comfortable use of our website,
  • - Evaluation of the security and stability of the system.

2.

The legal basis for data processing is Art. 6 (1), clause 1, point f, GDPR. Our legitimate interest is established by the purposes of data collection listed above. We will not use the collected data for the purpose of drawing conclusions about your person in any case.

IV. Conclusion of contracts in e-commerce

1. Description and scope of data processing

In our online store, we offer the possibility of purchasing software. For concluding such contracts in our online store and for pre-contractual measures, it is necessary that we process your personal data. For such purpose, the data are entered into an input mask and are transmitted to us and stored. The following data are collected and stored within the scope of conclusion of contracts on software:

Within the scope of registration (also see IV.):

  1. Name of the license holder
  2. E-mail address of the license holder
  3. Customer note, if applicable

Within the scope of the individual download and licence purchase:

  1. Desired payment method and payment information (»Paypal« or »Credit Card« or similar)
  2. Date and time of purchase
  3. Product information: Name of the purchased software, order no., price, special offers, if applicable

After the purchase the customer receives an E-mail at the E-mail address prvided by the customer. It will contain the following:

  1. License code to each of the purchased products
  2. Invoice as a link from which it can be downloaded in PDF format

2. Transfer of personal data

For the purpose of invoicing for the contractual services provided by us, we use the external e-commerce payment service provider Paddle.com. For invoicing of services commissioned by you required for fulfilment of the contract, we will transfer your invoice data and payment information to Paddle.com. It is ensured that this service provider treats your data as confidential and pursuant to applicable legal provisions and your data will be used for invoicing purposes only.

3. Legal basis for processing and transfer of data

Processing of your data and transfer of your invoice and payment information to Paddle.com is performed to fulfil contracts to which you are a party or to execute pre-contractual measures. The legal basis for processing of data is Art. 6 (1), point b, GDPR.

4. Purposes of processing and transfer of data

Processing of the above data and transfer of payment information to our external payment service provider Paddle.com is required for conclusion of contracts, for fulfilling the contracts you have concluded with us or for executing pre-contractual measures. We transfer usage rights to the fonts or plugins offered by us for download to you as the licence holder. For unambiguous identification of our contractual and licensing partners and for the purpose of contractual co-operation within the scope of the licences granted by us, we must rely on processing your personal data and transferring your invoice data to the extent described above.

5. Duration of storage, right to object and elimination option

The data are erased as soon as they are no longer required for achieving the purpose of their collection. For the contractual data collected, this is the case when the data are no longer required for executing the contract.

Even after the contract has been fulfilled, storing and processing personal data of the party to the contract to fulfil contractual or legal obligations can still be necessary. Licensing contracts established between you and us are continuing obligations requiring storage of your personal data during the entire contractual term. Furthermore, guarantee periods and the requirement of data storage for tax purposes must also be considered. Purchasing contract guarantees are two years long but may be shortened by the general terms and conditions (Art. 438 (1), no. 3, 309, no. 8 et seqq.) BGB [German Civil Code]. For tax purposes, a period of retention of ten years (for accounts, records, posting documents, etc.) or six years (for communications and other documents) applies according to Art. 147 (3) AO [German General Tax Code].

V. Use of cookies

1. Description and scope of data processing

Our website markfromberg.com uses cookies. Cookies are text files stored in the web browser or by the web browser on the user’s computer system. If a user accesses a website, a cookie can be stored in the user’s operating system. Such cookie contains a characteristic string of characters enabling unambiguous identification of the browser when the website is accessed again.

We use the external e-commerce payment service provider Paddle.com to process payments on our website. It is ensured that this service provider treats your data as confidential and pursuant to applicable legal provisions and your data will be used for invoicing purposes only. Paddle.com may set cookies on your device to facilitate the payment process and to help prevent fraud. These cookies are necessary for the proper functioning of our website and for the provision of our services. By using our website, you consent to the use of these cookies. For more information about Paddle.com's use of cookies, please see their privacy policy.

Read more about Paddle’s GDPR Readiness here

Here is Paddle’s statement about Cookie and tracking: "We use a small number of GDPR compliant tracking and monitoring platforms. These services use a combination of temporary and long lived cookies to be able to identify unique user journeys. These services are used internally only for platform diagnostics and product improvements.

The data collected is not shared with any outside parties, nor is used for any activities which would require further GDPR compliance or an opt-out. They are necessary to ensure the reliable operation of our platform."

We use cookies to make our website more user-friendly. Some elements of our website require that the browser accessing the site may be identified even after changing the page. The following data are stored and transferred in the cookies:

  1. Content of the shopping cart

When accessing our website, the users are informed about the use of cookies and referred to this data protection statement in an information banner.

2. Legal basis for data processing

The legal basis for processing of personal data using cookies is Art. 6 (1), point f, GDPR.

3. Purpose of data processing

The purpose of using cookies is to make the use of websites easier for the users. Some functions of our website cannot be provided without using cookies. For them, it is necessary for the browser to be identifiable even after changing the page. We use cookies for the following applications:

  1. Transfer of project filter on the landing page

The user data collected by cookies required for technical reasons are not used to create user profiles. The above purposes constitute our legitimate interest in processing the personal data pursuant to Art. 6 (1), point f, GDPR.

5. Duration of storage, right to object and elimination option

Cookies are stored on the user’s computer and transmitted to our site by it. Therefore, you as the user also have full control over the use of cookies. By changing the settings in your web browser, you may deactivate or restrict the transmission of cookies. Already stored cookies can be erased at any time. This may also be performed automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

VI. E-mail contact

1. Description and scope of data processing

You can contact us using the contact form provided on our website. In this case, the personal data of the user transferred with the e-mail are stored.

In this context, no data are transferred to third parties. The data are used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for processing of data with a statement of consent by the user being present is Art. 6 (1), point a, GDPR.

The legal basis for processing of data transferred within the course of sending an e-mail is Art. 6 (1), point f, GDPR. If the e-mail contact has the purpose of concluding a contract, the additional legal basis for the processing is Art. 6 (1), point b, GDPR.

3. Purpose of data processing

The only purpose of processing the personal data provided by you is processing your query. This is also a legitimate interest in processing your data.

4. Duration of storage

The data are erased as soon as they are no longer required for achieving the purpose for which they were collected. For the personal data transferred by e-mail, this is the case when the respective conversation with the user has ended. The conversation has ended if it can be concluded from the circumstances at hand that the respective matter has been settled conclusively.

5. Right to object and elimination option

The user may withdraw his or her consent for processing of the personal data at any time. If the user contacts us by e-mail, he or she may object to storage of his or her personal data at any time. A message to one of the contacts indicated in Section I. above is sufficient in this regard. In such case, the conversation cannot be continued. All personal data stored within the course of the user contacting us are erased in such case.

VII. Rights of the data subject

If your personal data are processed, you are a data subject as defined in the GDPR, and you have the following rights towards the controller:

1. Right of access

You may demand a confirmation of the controller as to whether personal data concerning you are processed by us.

If such processing takes place, you may demand access to the following information from the controller:

  1. The purposes for which the personal data are processed;
  2. The categories of personal data which are processed;
  3. The recipients or categories of recipient to whom the personal data concerning you have been or will be disclosed;
  4. The envisaged period for which the personal data concerning you will be stored, or, if specific information cannot be provided, the criteria used to determine that period;
  5. The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;
  6. The right to lodge a complaint with a supervisory authority;
  7. Where the personal data are not collected from the data subject, any available information as to their source;
  8. The existence of automated decision-making, including profiling, referred to in Art. 22 (1) and (4), GDPR, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to demand information about whether personal data concerning you are transferred to a third country or to an international organisation. In such case, you may demand to be informed of the appropriate safeguards pursuant to Art. 46, GDPR, relating to the transfer.

2. Right to rectification

You have the right to obtain from the controller the rectification and/or completion of the personal data concerning you if they are incorrect or incomplete. The controller shall carry out such rectification immediately.

3. Right to restriction of processing

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

  1. If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  2. If the processing is unlawful and you oppose the erasure of the personal data and request the restriction of use of your personal data instead;
  3. If the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; or
  4. If you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your reasons.

Where processing of the personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If processing has been restricted pursuant to the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Erasure obligation

You may demand from the controller the erasure of the personal data concerning you without undue delay, and the controller shall have the obligation to erase personal data without undue delay if one of the following grounds apply:

  1. The personal data concerning you are no longer required for purposes for which they were collected or otherwise processed.
  2. You withdraw consent on which the processing is based according to Art. 6 (1), point a, or Art. 9 (2), GDPR, and where there is no other legal ground for the processing.
  3. You object to the processing pursuant to Article 21 (1), GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2).
  4. The personal data concerning you have been unlawfully processed.
  5. The personal data concerning you must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  6. The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 (1), GDPR.
b) Information to third parties

If the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1), GDPR, to erase them, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions

The right to erasure does not apply if processing is required

  1. For exercising the right of freedom of expression and information;
  2. For compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. For reasons of public interest in the area of public health in accordance with Art. 9 (2), point h and i as well as Art. 9 (3), GDPR;
  4. For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 (1), GDPR, in so far as the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  5. For the establishment, exercise or defence of legal claims.

5. Right to information

If you have asserted the right to rectification, erasure or restriction of processing towards the controller, it is obligated to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients by the controller.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided if

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

In exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. Such transmission may not adversely affect the rights and freedoms of others. The right to data portability does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 (1), point e or f, GDPR.

The controller shall no longer process the personal data unless it demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing is required for the establishment, exercise or defence of legal claims.

If personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing.

If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to withdrawal of the statement of consent under data protection law

You have the right to withdraw statements of consent under data protection law at any time. Legitimacy of processing performed until withdrawal of the consent based on such consent shall remain unaffected by withdrawal of the consent.

9. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you believe that the processing of personal data relating to you violates the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78, GDPR.

Last updated: May 2023