Terms + Conditions

Information pursuant to § 5 TMG:

Photographer
Johanna Thöming
Postal address:
Ketschengasse 5
96450 Coburg

Contact:
Email: hello@joandus.com

Represented by:
Johanna Thöming

Information about the website
Information pursuant to § 36 VSBG

Pursuant to § 36 VSBG (Consumer Dispute Resolution Act – Act on Alternative Dispute Resolution in Consumer Matters), the operator of this website declares:

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

The legal notice was created using the legal notice generator from activeMind AG.


Privacy policy for the website www.joandus.com

1 Why is there a privacy policy?
Welcome to my website! Here you will find all the information about my work as a photographer and the services I offer. Feel free to take a look around, send me a message using the contact form, or send me an email.

When you visit my website, various personal data is processed. A law that applies to me—the General Data Protection Regulation, or GDPR for short—contains certain requirements in this regard. For example, I must inform you about certain things at the time your personal data is collected. And that is exactly what this privacy policy is about!

1a What is personal data?
Data protection is all about personal data. This includes all information that can be related to a person in some way. It does not matter who can make the connection. It is sufficient that it is possible. The term includes name, address, occupation, email address, health status, income, marital status, telephone number, and usage data such as IP address. So you see that almost all data can be personal—even if it is only technical information.

1b Where is the website hosted and who has access to it?
My website is hosted in a data center. This belongs to Squarespace, Squarespace Ireland Limited

Squarespace House, Ship Street Great Dublin 8, D08 N12C, Ireland. I have concluded a contract with the operator of the data center for order processing and obliged them to comply with certain data protection requirements. Otherwise, only I have access to the personal data processed via the website and incoming inquiries. However, if we conclude a contract and documents relevant to tax law are created, it cannot be ruled out that other persons may become aware of them. These persons may include, in particular, a tax advisor or lawyer.
1c When is it considered processing?
There are many things you can do with personal data. This includes everything from collection to deletion. You can record, organize, arrange, store, adapt, modify, read, query, use, disclose, transmit, or make available personal data. So processing actually always takes place.
Who is responsible for data processing on the website?
I am responsible for data processing on the website: Johanna Thöming. You can find my contact details in the legal notice. I am not required to appoint a data protection officer. However, you are welcome to contact me directly at any time if you have any questions about the processing of your personal data.

1d What data is processed when browsing the website?
Your computer sends data as soon as you visit the website. This is the only way to establish a connection with your device. During this process, the following (personal) data is processed: date and time of the website visit, name of the subpage visited, IP address, referrer URL (origin URL), operating system used, host name of the accessing computer, and product and version information of your browser. The data processing that takes place is legally permitted on the basis of legitimate interest (Art. 6 (1) f) GDPR). I want to present myself as a photographer and show my pictures. This requires my own website – because today's customers only search for services on the Internet. The processing of the aforementioned data takes place automatically when the website is accessed and is also necessary for this purpose. The usage data is deleted after 90 days.

2 What happens when I contact you?
I have included a contact form on the website so that you can write your message directly in a field and send it to me. Please enter the requested information (e.g., email address, phone number). You can also send me an email directly. You can find the address in several places on the website.
There is a higher probability of incorrect data processing, as the technical and organizational measures for the protection of personal data do not fully comply with the requirements of the GDPR in terms of quantity and quality.
The use of WhatsApp, the data processing that takes place in the process, and the transfer of data to the USA are based on your consent (Art. 6 (1) (a) and Art. 49 (1) (a) GDPR). You give your consent by scanning the code and writing your message to me. I will save the resulting chat for the duration of our collaboration. If you do not commission me, I will of course delete your messages and personal data immediately.
I have no influence on the extent of data processing by the provider of the messenger service and can only refer you to their privacy policy.

3 Cookies
The Internet pages use so-called cookies in several places. They serve to make our offer more user-friendly, effective, and secure. A cookie is a text file that our website places on the device you are using via your web browser. Most of the cookies we use are so-called “session cookies.” They are automatically deleted at the end of your visit. 
The legal basis is Art. 6 (1) lit. f) GDPR. Our legitimate interest arises from the fact that we only use the aforementioned cookies to make it easier for you to access the site, do not collect any tracking data, and therefore do not interfere with your personal rights and fundamental freedoms. 
You can disable cookies in your web browser. However, this may lead to impairments in functionality. These cookies are only valid for the duration of your browser session and are deleted when you leave our site. In addition, you can change your cookie settings or revoke your consent at any time at the bottom of our website. 
For your other rights as a data subject, see section 10 below.
We use cookies from the following third-party providers:

3a Cookie Consent Tool from Real Cookie Banner
To obtain your consent, we use Real Cookie Banner (https://devowl.io/de/wordpress-real-cookie-banner/), a product of devowl.io GmbH, Tannet 12, 94539 Grafling, Germany. If you give your consent, Real Cookie Banner automatically logs the following data with the operator (https://devowl.io/de/datenschutzerklaerung/):
The IP number of the end user in anonymized form (the last digits are set to ‘0’).
Date and time of consent.
User agent of the end user's browser.
The URL from which the consent was sent.
An anonymous, random, and encrypted key.
The consent status of the end user, which serves as proof of consent.
The stored data is used to ensure that web analytics services only collect data with your consent, to document this consent, and to create and display cookie statements for end users.
The key and consent status are also stored in the end user's browser in the “real_cookie_banner” cookie so that the website can automatically read and comply with the end user's consent for all subsequent page requests and future end user sessions for up to 12 months. The legal basis for processing your data is Art. 6 (1) (c) and (f) GDPR, because we are legally obliged to be able to prove consent and our legitimate interest arises from the fact that this is the only way we can obtain the necessary consent.

4. Google Tools
We use the following “Google services.” The responsible body is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Google Ireland transfers data to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, which we always point out. 
For more information on whether and what data is collected by Google through the use of these services, please refer to Google's privacy policy.

4a Google Tag Manager
I use Google Tag Manager on my website. This allows me to integrate code sections from various tools and manage them centrally via a user interface. Google Tag Manager can be used to manage tools from other providers in addition to Google products, which makes it very practical. Google Tag Manager triggers other tags, which in turn may collect data. However, Google Tag Manager does not access this data. If deactivation has been carried out at domain or cookie level, it remains in place for all tracking tags, provided they are implemented with Google Tag Manager.
I am permitted to use Google Tag Manager on the basis of my legitimate interest (Art. 6 (1) (f) GDPR). I could, of course, incorporate each code section individually into the source code of the website. However, this would be very time-consuming. Google Tag Manager saves me a lot of time and also allows me to keep track of the individual tools.I do not store any personal data myself.
Data may be transferred to the USA. This is generally permissible under the conditions of Art. 46 GDPR and on the basis of the standard contractual clauses effectively included in the contractual relationship with Google. These have been approved by the European Commission and guarantee adequate protection of your personal data even outside the EU and the EEA. Further information can be found directly at Google.

4b Google Ads
We use AdWords and Google Conversion Tracking, a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google AdWords places a cookie on your computer (“conversion cookie”) if you access our website via a Google ad. These cookies expire after 30 days and our website does not collect any personal data that could be used to identify the user. However, your IP address is transmitted to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, so that Google can perform the analyses described below on our behalf. We have concluded EU standard data protection clauses with Google, whereby Google demonstrates to us that it complies with appropriate and suitable technical and organizational measures to protect your personal data.
As long as the cookie is still active, we can use Google Conversion Tracking to recognize when a user visits our site that this user clicked on the AdWords ad and was thus originally redirected to our site. Each AdWords customer receives a different cookie. The information obtained with the cookies is used solely to compile conversion statistics for us as AdWords customers.This tells us the total number of users who clicked on one of our ads and were redirected to one of our pages tagged with a conversion tracking tag. 
The legal basis for the use of conversion tracking cookies is Art. 6 (1) (a) GDPR, provided that consent has been given. 
Revocation and deletion:
You can also revoke your consent at any time by deleting all (consent) cookies set in your browser. In addition, you can change your cookie settings and revoke your consent at any time at the bottom of our website.
You can prevent the collection of information by generally deactivating the automatic setting of cookies in your browser settings or by setting your browser to block only cookies from the domain “googleadservices.com”. We cannot rule out that this may result in restrictions on the usability of our site. You also have the option of deactivating the use of cookies and thus personalized ads in Google's Ad Settings Manager. You have the right to information and objection regarding your data stored by us at any time, see section 10 below on your rights as a data subject. I myself do not store any personal data.
Data may be transferred to the USA if necessary. This is generally permissible under the conditions of Art. 46 GDPR and on the basis of the standard contractual clauses effectively included in the contractual relationship with Google. These have been approved by the European Commission and guarantee adequate protection of your personal data even outside the EU and the EEA. Further information on this can be found directly at Google.

5. Facebook
5a. Facebook page For the purpose of communicating with our customers, promoting new products or services, and providing general information about our company and its employees, we operate a Facebook fan page. Customers and interested parties can join this page by clicking the “Like” button and will then receive regular information about our company in their Facebook news feed. Please note that you use this Facebook fan page and its functions at your own risk. This applies in particular to the use of interactive functions such as commenting, sharing, and liking (see “Things you and others have done and provided” in the Facebook Data Policy: https://www.facebook.com/policy), as well as information about the devices used by users (e.g., IP addresses, operating system, browser type, language settings, cookie data; see “Device Information” in the Facebook Data Policy Statement: https://www.facebook.com/policy)
We use the technical platform and services of Meta Platforms, Inc. 1 Hacker Way, Menlo Park, California 94025 USA to operate our Facebook fan page.
As explained in the Facebook Data Policy under “How do we use this information?”, Facebook also collects and uses information to provide analytics services, known as “Page Insights,” to page operators so that they can gain insights into how people interact with their pages and the content associated with them. This information is used to provide us, as operators of the Facebook pages, with statistical information about the use of the Facebook fan page. We have entered into a special agreement with Facebook (“Information on Page Insights,” https://www.facebook.com/legal/terms/page_controller_addendum), which specifically regulates the security measures Facebook must observe and in which Facebook has agreed to comply with the rights of data subjects (i.e., users can, for example, send requests for information or deletion directly to Facebook). The rights of users (in particular to information, deletion, objection, and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook.
Further information can be found in the “Page Insights Information” (https://www.facebook.com/legal/terms/information_about_page_insights_data). The data collected about you in this context is processed by Meta Platforms, Inc. and may be transferred to countries outside the European Union. Facebook describes in general terms what information it receives and how it is used in its data policy. There you will also find information about how to contact Facebook and how to adjust your advertising settings. The data policy is available at the following link: https://www.facebook.com/privacy/explanation Facebook does not conclusively and clearly state how it uses the data from visits to Facebook pages for its own purposes, to what extent activities on the Facebook fan page are assigned to individual users, how long Facebook stores this data, and whether data from a visit to the Facebook fan page is passed on to third parties, and we are not aware of this.
Meta Platforms, Inc. is able to track that you have visited our fan page and how you have used it based on the cookies it uses and the information it collects. This also applies to all other Facebook pages and to the use of social share buttons, provided these are integrated into our website.
This data can be used to tailor content or advertising to you.
If you want to avoid this, you should log out of Facebook or deactivate the “stay logged in” function, delete the cookies on your device, and close and restart your browser. This will delete Facebook information that can be used to identify you directly. This allows you to use our Facebook fan page without revealing your Facebook ID, but your IP address will still be recorded and cookies will be set again. You can disable cookies in your web browser. However, this may impair the functionality of the website.
When you access interactive features of the site (like, comment, share, message, etc.), a Facebook login screen will appear. After logging in, you will once again be recognizable to Facebook as a specific user. Information on how you can manage or delete information about you can be found in Facebook's data policy.
Together with Meta Platforms, Inc., we are jointly responsible for the collection or receipt (but not further processing) of “event data” that Facebook collects or receives through the Facebook social plugins that run on our online offering for the following purposes: 
– Advertising information that corresponds to the presumed interests of users and the display of content;
– Delivery of commercial and transaction-related content; 
– Improvement of ad delivery and personalization of features and content. 
We have entered into a special agreement with Facebook (“Addendum for Controllers,” https://www.facebook.com/legal/controller_addendum), which specifically regulates the security measures Facebook must observe (https://www.facebook.com/legal/terms/data_security_terms) and in which Facebook agrees to fulfill the rights of data subjects.

Note: If Facebook provides us with metrics, analytics, and reports that do not contain any information about individual users and are anonymous to us, this processing is not carried out within the scope of joint responsibility, but on the basis of a data processing agreement (“Data Processing Terms,” https://www.facebook.com/legal/terms/dataprocessing) , the “Data Security Terms” (https://www.facebook.com/legal/terms/data_security_terms) and, with regard to processing in the USA, on the basis of standard contractual clauses (“Facebook-EU Data Transfer Addendum,” https://www.facebook.com/legal/EU_data_transfer_addendum). 
Further information about Facebook and other social networks and how you can protect your data within the scope of your privacy settings can be found, for example, at youngdata.de.
The legal basis for the use of the Facebook fan page is Art. 6 (1) lit. f) GDPR. Our legitimate interest is based on the fact that we enable customers to communicate directly with our company via this social media service, including for complaints, and thus continuously optimize our service.
The rights of users are not restricted by the agreements with Facebook.
For your rights as a data subject, see section 10 below.

5b. Facebook Ads
We use the advertising tools of the social network Meta Platforms, Inc. 1 Hacker Way, Menlo Park, California 94025 USA (“Facebook”) for advertising on Facebook and Instagram. When you are logged into your Facebook or Instagram account, Facebook uses the information you provided during registration, your likes, and your other user behavior to determine information such as your interests, based on which you are shown customized advertisements, including those from our company. We can also use the information categories specified by Facebook to make preselections as to which user groups, which are anonymous to us, should see our advertisements. Depending on your privacy settings, your name may appear in our ads. You can find more information about name display in Facebook Ads here. The same applies to so-called social ads, which show your friends that you have “liked” our page, for example. You can determine whether and how your name is displayed in the privacy settings and then in the advertising settings. You can also generally object to the display of Facebook ads by opting out. In addition, you can set whether and how our advertising will be displayed to you on Facebook in the future by clicking on “x” or “∨” in your timeline. Except in cases where you have given your permission, Facebook will not pass on any personal data about you to us. We can only use Facebook's general evaluation tools to track how many users, broken down by general criteria not linked to personal data, have seen our ad, clicked on it, or later made a purchase in our online shop/took action on our website (conversion tracking using the so-called visitor action pixel). Please note that Facebook may assign this data to your account profile, over which we have no control. 
Data transfer to third countries: Your behavioral data, as well as the data evaluated via the visitor action pixel, is transferred to the servers of Meta Platforms Inc. in the USA. We have concluded EU standard data protection clauses with Facebook, whereby Facebook demonstrates to us that it complies with appropriate and suitable technical and organizational measures to protect your personal data.



For more information on how Facebook Ireland processes personal data, including the legal basis on which Facebook Ireland relies and the options for exercising the rights of data subjects vis-à-vis Facebook Ireland, please refer to Facebook Ireland's data policy at https://www.facebook.com/about/privacy.
The legal basis for the collection and storage of data is Art. 6 (1) (a) GDPR, provided that consent has been given. 
Objection
If you do not agree or no longer agree to this, you should make use of the above-mentioned opt-out option, which allows you to prevent the display of advertisements on Facebook. You can find more information about Facebook's privacy policy and how Facebook ads work on Facebook. You can also change your cookie settings and revoke your consent at any time at the bottom of our website.

6 Facebook Pixel
I use Facebook Pixel for targeted advertising and efficient measurement of my advertising campaigns. This transmits the data generated while surfing the website (e.g., clicked subpages, content, and advertisements) to Facebook Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland. There, it is compared with the data in your Facebook account and enriched with data already available on Facebook. The Facebook Pixel ensures that you only see advertising tailored to you in your Facebook profile. Facebook itself uses the resulting data to analyze your user behavior and the effectiveness of advertisements. Data about your visit to the website is also transmitted to Facebook if you do not have a Facebook profile or are not currently logged in. The data processing described above only takes place if you have given your prior consent (Art. 6 (1) (a) GDPR). You will be asked to provide a corresponding declaration (in electronic form) when you visit the website. You can allow or reject data processing via Facebook Pixel.
The data transmitted to Facebook is deleted immediately after comparison. I do not store any data during this process and cannot view it. Facebook Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland, is responsible for data processing when using Facebook services in the European Union. However, it cannot be ruled out that the data generated during use may also be transferred to the USA. This transfer is generally permitted, as Facebook has included the standard data protection clauses approved by the EU Commission in its terms of use. Further information can be found directly on Facebook.

7. Social Media
7a. Pinterest Page
For the purpose of communicating with our customers, promoting new products or services, and providing general information about our company and its employees, we operate a fan page on the “Pinterest” platform offered by Pinterest, Cold Brew Labs Inc., 635 High St., Palo Alto, CA 94301 USA. If you access the page via our website using the Pinterest icon and are logged into your account at the same time, Pinterest can immediately associate your visit to our website with your Pinterest account. If you do not want Pinterest to associate your data with your account, you must log out of Pinterest before visiting our website.
When you access interactive features of the page, a Pinterest login screen will appear. After logging in, you will be recognizable to Pinterest as a specific user again. For more information, please refer to Pinterest's privacy policy.
As the operator of our Pinterest fan page, we do not collect or process any data beyond this.Further information about Pinterest and other social networks and how you can protect your data within the scope of your privacy settings can be found, for example, at youngdata.de. The legal basis for the use of the Pinterest fan page is Art. 6 (1) (f) GDPR. Our legitimate interest is based on the fact that we enable customers to communicate directly with our company via this social media service, including for complaints, and thus continuously optimize our service.
For your rights as a data subject, see section 10 below.
7b. Instagram page
For the purpose of communicating with our customers, promoting new products or services, and providing general information about our company, we operate a fan page on the “Instagram” platform. This service is offered on the technical platform and through the services of Meta Platforms, Inc. 1 Hacker Way, Menlo Park, California 94025 USA (hereinafter “Instagram”). Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, is responsible for data processing for persons living outside the United States.

If you access the page via our website using the Instagram icon and are logged into your Instagram account at the same time, Instagram can immediately associate your visit to our website with your Instagram account. If you do not want Instagram to associate your data with your account, you must log out of Instagram before visiting our website.
When you access interactive features of the page (liking, commenting, sharing, messaging, etc.), an Instagram login screen will appear. After logging in, you will once again be recognizable to Instagram as a specific user. Information on how you can manage or delete information about you can be found in Instagram's data policy at https://help.instagram.com/519522125107875/?maybe_redirect_pol=0. As the operator of our Instagram fan page, we do not collect or process any other data. Further information about Instagram and other social networks and how you can protect your data within the scope of your privacy settings can be found, for example, at youngdata.de. The legal basis for the use of the Instagram fan page is Art. 6 (1) lit. f) GDPR. Our legitimate interest is based on the fact that we enable customers to communicate directly with our company via this social media service, including for complaints, and thus continuously optimize our service.

For your rights as a data subject, see section 10 below.

WHAT ARE YOUR RIGHTS?
When it comes to data protection, you have quite a few rights. The GDPR contains several articles that deal exclusively with this topic. Here is an overview of your rights:
Right of access (Art. 15 GDPR)
Right to rectification (Art. 16 GDPR)
Right to erasure (Art. 17 GDPR)
Right to restriction of processing (Art. 18 GDPR)
Right to data portability (Art. 20 GDPR)
I have considered whether your personal data may be processed on the basis of legitimate interest pursuant to Art. 6 (1) f) GDPR. If you believe that a particular processing operation is not permissible, you can object to it. If I conclude in your individual case that the objection is justified, the processing will be discontinued.
You can exercise your rights at any time. However, this does not mean that they will be fulfilled. For example, you cannot request the erasure of your data and at the same time commission me as a photographer.
If you have given your consent to the processing of your data, you may withdraw (revoke) it at any time. You do not need to give a reason for doing so. Please use the technical options on the website for this purpose. You have the right to lodge a complaint with a data protection supervisory authority at any time.