. Privacy Policy - Miramotion

Privacy Policy

Privacy Policy for https://miramotion.com

We, Mira Motion GmbH (hereinafter: “Mira Motion”, “we” or “us”) take the protection of your personal data seriously and would like to take this opportunity to inform you about data protection in our company and on the website you have accessed.

Insofar as we decide on the purposes and means of data processing either alone or together with others, this primarily includes the obligation to inform you or the persons concerned (we will also refer to you as the person concerned below as “customer”, “user”, “you “, “you” or “data subject”) about the type, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 DS-GVO). With this declaration (hereinafter: “Privacy Policy”) we inform you how your personal data is processed by us.

Our data protection information consists of a general part for any processing of personal data and processing situations that come into play every time a website is called up (A. Principle) and a special part, the content of which only relates to the processing situation specified there with the description of the respective offer or related to the product, in particular the visit to websites detailed here (B. Visiting the website).

A. Principle

(1) Definitions

– “Personal data” (Art. 4 No. 1 DS-GVO) is all information relating to an identified or identifiable natural person (“data subject”). A person can be identified if they can be identified directly or indirectly, in particular by means of an assignment to an identifier such as a name, an identification number, an online identifier, location data or using information about their physical, physiological, genetic, psychological, economic, cultural or social identity characteristics can be identified. The identifiability can also be provided by linking such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photos, video or sound recordings can also contain personal data).

– “Processing” (Art. 4 No. 2 DS-GVO) is any process in which personal data is handled, whether with or without the help of automated (i.e. technology-supported) processes. In particular, this includes collecting (ie acquiring), recording, organizing, arranging, storing, adapting or changing, reading out, querying, using, disclosing through transmission, distribution or other provision, comparison , the linking, the restriction, the deletion or the destruction of personal data as well as the change of an objective or purpose on which data processing was originally based.

– “Responsible person” (Art. 4 No. 7 DS-GVO) is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

– “Third party” (Art. 4 No. 10 DS-GVO) is any natural or legal person, authority, institution or other body other than the data subject, the person responsible, the processor and the persons who are under the direct responsibility of the person responsible or processor are authorized to process the personal data; this also includes other corporate legal entities.

– “Processor” (Art. 4 No. 8 DS-GVO) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible, in particular in accordance with their instructions (e.g. IT service provider). In terms of data protection law, a processor is in particular not a third party.

– “Consent” (Art. 4 No. 11 DS-GVO) of the data subject means any voluntary, informed and unambiguous expression of will in the specific case in the form of a declaration or other clear confirmatory action with which the data subject agrees indicates that she consents to the processing of her personal data.

(2) Name and address of the person responsible for processing

We are responsible for the processing of your personal data within the meaning of Art. 4 No. 7 DS-GVO:

MiraMotion GmbH
Landwehr 8
64823 Gross-Umstadt
+49 160 97 88 44 95

For more information about our company, please refer to the imprint information on our website.

A company data protection officer has not been appointed because the applicable statutory requirements have not been met.

(3) Legal bases for data processing

In principle, any processing of personal data is prohibited by law and is only permitted if the data processing falls under one of the following justifications:

– Article 6 Paragraph 1 Sentence 1 lit agrees to the processing of personal data concerning him for one or more specific purposes;

– Article 6 (1) sentence 1 lit. b GDPR: If the processing is necessary to fulfill a contract to which the data subject is party or to carry out pre-contractual measures that are carried out at the request of the data subject;

– Art. 6 (1) sentence 1 lit. c GDPR: If the processing is necessary to fulfill a legal obligation to which the person responsible is subject (e.g. a statutory retention obligation);

– Article 6 (1) sentence 1 lit. d GDPR: If the processing is necessary to protect the vital interests of the data subject or another natural person;

– Article 6 (1) sentence 1 lit. e GDPR: If the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been transferred to the person responsible or

– Art. 6 (1) sentence 1 lit. f GDPR (“legitimate interests”): If the processing is necessary to protect legitimate (in particular legal or economic) interests of the person responsible or a third party, provided that there are no conflicting interests or The rights of the person concerned prevail (especially if the person concerned is a minor).

The storage of information in the end user’s terminal equipment or the access to information already stored in the terminal equipment is only permitted if it is covered by one of the following justifications:

– Section 25 (1) TTDSG: If the end user has consented on the basis of clear and comprehensive information. Consent must be given in accordance with Article 6 Paragraph 1 Clause 1 Letter a GDPR;

– Section 25 (2) No. 1 TTDSG: If the sole purpose is to transmit a message via a public telecommunications network or

– § 25 Para. 2 No. 2 TTDSG: If the storage or access is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user.

For the processing operations we carry out, we indicate below the applicable legal basis in each case. Processing can also be based on several legal bases.

(4) Data Erasure and Retention Period

For the processing operations we carry out, we state below how long the data will be stored by us and when it will be deleted or blocked. Unless an express storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies. In principle, your data is only stored on our servers in Germany, subject to a possible transfer according to the regulations in A. (6) and A. (7).

However, storage can take place beyond the specified time in the event of an (impending) legal dispute with you or other legal proceedings or if storage is provided for by statutory provisions to which we are subject as the person responsible (e.g. Section 257 HGB, Section 147 AO). . If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted, unless further storage by us is necessary and there is a legal basis for this.

(5) Data Security

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties (e.g. TSL encryption for our website), taking into account the state of the art and the implementation costs and the nature, scope, context and purpose of the processing and the existing risks of a data breach (including its likelihood and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

We will be happy to provide you with further information on this upon request. Please contact us about this (see under A.(2)).

(6) Cooperation with processors

As with any company, we also use external domestic and foreign service providers to handle our business transactions (e.g. for the areas of IT, logistics, telecommunications, sales and marketing). They only act according to our instructions and have been contractually obliged to comply with the data protection regulations in accordance with Art. 28 DS-GVO.

If we pass on personal data from you to any existing subsidiaries or are passed on to us by any existing subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

(7) Requirements for the transfer of personal data to third countries

As part of our business relationships, your personal information may be shared or disclosed with third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively to fulfill the contractual and business obligations and to maintain your business relationship with us (the legal basis is Art. 6 Para. 1 lit. b or lit. f in conjunction with Art. 44 et seq. DS-GVO). We will inform you about the respective details of the transfer below at the relevant points.

In some third countries, the European Commission certifies data protection that is comparable to the EEA standard through so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: https://ec.europa.eu/info/law/law- topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). In other third countries, to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we make sure that data protection is adequately guaranteed. This is possible via binding company regulations, standard contractual clauses of the European Commission for the protection of personal data in accordance with Art. 46 (1), 2 lit. c GDPR (the standard contractual clauses of 2021 are available at https://eur-lex .europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D0915&locale-en), certificates or recognized codes of conduct. Please contact us (see under A.(3)) if you would like more information on this.

(8) No automated decision-making (including profiling)

We do not intend to use any personal information collected from you for any automated decision-making process (including profiling).

(9) No obligation to provide personal data

We do not make the conclusion of contracts with us conditional on you providing us with personal data beforehand. In principle, there is no legal or contractual obligation for you as a customer to provide us with your personal data; however, it may be that we can only provide certain offers to a limited extent or not at all if you do not provide the data required for this. If this should exceptionally be the case with the products we offer presented below, you will be informed of this separately.

(10) Legal obligation to transmit certain data

Under certain circumstances, we may be subject to a special statutory or legal obligation to make lawfully processed personal data available to third parties, in particular public bodies (Art. 6 Para. 1 S. 1 lit. c DS-GVO).

(11) Your Rights

You can assert your rights as a data subject with regard to your processed personal data at any time using the contact details given under A.(2) above. As a data subject, you have the right:

– to request information about your data processed by us in accordance with Art. 15 DS-GVO. In particular, you can obtain information about the processing purposes, the category of data, the categories of recipients to whom your data was or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a right of appeal , the origin of their data, if they were not collected from us, as well as the existence of automated decision-making including profiling and, if necessary, meaningful information about their details;

– in accordance with Art. 16 DS-GVO, to immediately request the correction of incorrect data or the completion of your data stored by us;

– according to Art. 17 DS-GVO to demand the deletion of your data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend required by legal claims;

– according to Art. 18 DS-GVO to demand the restriction of the processing of your data, insofar as the correctness of the data is disputed by you or the processing is unlawful;

– in accordance with Art. 20 GDPR, to receive your data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible (“data portability”);

– to object to the processing pursuant to Article 21 GDPR if the processing is based on Article 6 Paragraph 1 Clause 1 Letter e or Letter f GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct advertising, we ask that you explain the reasons why we should not process your data as we have done when exercising such an objection. In the event of your justified objection, we will examine the situation and will either stop or adjust the data processing or show you our compelling legitimate reasons for continuing the processing;

– according to Art. 7 Para. 3 DS-GVO your consent once (even before the validity of the DS-GVO, i.e. before May 25th, 2018) given – i.e. your voluntary, in an informed manner and unequivocally by a declaration or another clear confirming Action made understandable that you consent to the processing of the personal data concerned for one or more specific purposes – to revoke this at any time to us if you have given such consent. As a result, we are no longer allowed to continue the data processing based on this consent for the future and

– in accordance with Art. 77 GDPR to complain to a data protection supervisory authority about the processing of your personal data in our company, for example to the data protection supervisory authority responsible for us: The Hessian Commissioner for Data Protection and Freedom of Information, Postfach 3163, 65021 Wiesbaden.

(12) Changes to Privacy Policy

As part of the further development of data protection law and technological or organizational changes, our data protection information is checked for any need for adjustment or supplementation. This data protection notice is dated May 2023.

B. Visiting the Website
(1) Explanation of the function

Information about our company and the services we offer can be found in particular at https://miramotion.com/ including the associated sub-pages (hereinafter collectively: “websites”). When you visit our website, your personal data may be processed.

(2) Processed personal data

When using the website for informational purposes, we collect, store and process the following categories of personal data:

“Log data”: When you visit our website, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:

– the page from which the page was requested (so-called referrer URL)

– the name and URL of the requested page

– the date and time of the call

– the description of the type, language and version of the web browser used

– the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established

– the amount of data transferred

– the operating system

– the message whether the call was successful (access status/Http status code)

– the GMT time zone difference

“Contact form data”: When using any contact forms, the data transmitted will be processed (e.g. gender, surname and first name, address, company, e-mail address and the time of transmission).

(3) Purpose and legal basis of data processing

We process the personal data specified above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Article 6 Paragraph 1 Sentence 1 lit. f GDPR, the stated purposes also represent our legitimate interests the stability and security of the connection (legal basis is Art. 6 Para. 1 S. 1 lit. a or lit. f GDPR).

The processing of any contact form data takes place to process customer inquiries / contracts received / to carry out our service (legal basis is Art. 6 Para. 1 S. 1 lit. b or lit. f DS-GVO).

If the processing of the data requires the storage of information in your terminal device or access to information that is already stored in the terminal device, Section 25 (1) and (2) TTDSG is the legal basis for this.

(4) Duration of data processing

Your data will only be processed for as long as is necessary to achieve the processing purposes set out above; the legal bases specified in the context of the processing purposes apply accordingly. With regard to the use and storage period of cookies, please refer to the cookie policy [link to the cookie policy].

Third parties used by us will store your data on their system for as long as is necessary in connection with the provision of services for us in accordance with the respective order.

You can find more information on the storage period under A. (4) and the cookie policy [link to the cookie policy].

(5) transfer of personal data to third parties; basis of justification

The following categories of recipients, which are usually processors (see A. (6)), may have access to your personal data:

– Service providers for the operation of our website and the processing of the data stored or transmitted by the systems (e.g. for data center services, IT security). The legal basis for the transfer is Article 6 Paragraph 1 Sentence 1 lit. b or lit. f GDPR, insofar as it is not a processor;

– State bodies/authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the transfer is Article 6 Paragraph 1 Clause 1 Letter c GDPR;

– Persons used to conduct our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, those involved in company acquisitions or the establishment of joint ventures). The legal basis for the transfer is Article 6 Paragraph 1 Sentence 1 Letter b or Letter f GDPR.

For the guarantees of an appropriate level of data protection when the data is passed on to third countries, see A. (7).

In addition, we only pass on your personal data to third parties if you have given your express consent to this in accordance with Article 6 (1) sentence 1 lit.

(6) Use of cookies and other services on our website
a) Cookies

We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive with a characteristic character string and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offer more user-friendly and effective overall, i.e. more pleasant for you.

Cookies can contain data that make it possible to recognize the device used. In some cases, however, cookies only contain information on certain settings that cannot be related to individuals. However, cookies cannot directly identify a user.

A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between cookies:

– Technical cookies: These are mandatory to move around the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes, nor do they remember which websites you have visited;

– Performance cookies: These collect information about how you use our website, which pages you visit and e.g. B. whether errors occur when using the website; they do not collect any information that could identify you – all information collected is anonymous and is only used to improve our website and find out what interests our users;

– Advertising cookies, targeting cookies: These serve to offer the website user needs-based advertising on the website or offers from third parties and to measure the effectiveness of these offers; Advertising and targeting cookies are stored for a maximum of 13 months;

– Sharing cookies: These are used to improve the interactivity of our website with other services (e.g. social networks); Sharing cookies are stored for a maximum of 13 months.

The legal basis for cookies, which are absolutely necessary to provide you with the service you have expressly requested, is Section 25 (2) No. 2 TTDSG. Any use of cookies that is not absolutely technically necessary for this represents data processing that can only be carried out with your express and active consent in accordance with Section 25 (1) TTDSG in conjunction with Article 6 (1) sentence 1 lit. GMO is allowed. This applies in particular to the use of performance, advertising, targeting or sharing cookies. In addition, we only pass on your personal data processed by cookies to third parties if you have given your express consent to this in accordance with Article 6 (1) sentence 1 lit.

b) Cookie Policy

For more information about which cookies we use and how to manage your cookie preferences and opt out of certain types of tracking, please see our Cookie Policy [link to cookie policy].