Privacy Policy

This privacy policy informs you about the type, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions, and content as well as external online presences, such as our social media profiles (hereinafter jointly referred to as the “online offering”). Regarding the terminology used, such as “processing” or “controller,” we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Controller
Maria Tapia
Schmiedstraße 7
82362 Weilheim
contact[at]mariatapia.eu
Owner: Maria Tapia
Link to imprint: https://emotionaid.online/imprint

Types of data processed

• Basic data (e.g., names, addresses)
• Contact data (e.g., email addresses, telephone numbers)
• Content data (e.g., text entries, photographs, videos)
• Usage data (e.g., visited websites, interest in content, access times)
• Meta/communication data (e.g., device information, IP addresses)

Categories of data subjects
Visitors and users of the online offering (hereinafter collectively referred to as “users”).

Purpose of processing

• Provision of the online offering, its functions, and content
• Responding to contact inquiries and communication with users
• Security measures
• Reach measurement/marketing

Terminology used
“Personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, especially by reference to an identifier such as a name, identification number, location data, online identifier (e.g., cookie), or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations performed on personal data, whether or not by automated means.
“Pseudonymization” means processing of personal data in such a way that the data can no longer be attributed to a specific data subject without the use of additional information, provided such additional information is kept separately and subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Profiling” means any automated processing of personal data consisting of using personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
“Controller” means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Legal bases
Pursuant to Art. 13 GDPR, we inform you of the legal bases for our data processing. If the legal basis is not explicitly mentioned in the privacy policy, the following applies: the legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR; the legal basis for processing for the performance of a contract and to answer inquiries is Art. 6(1)(b) GDPR; the legal basis for processing for compliance with legal obligations is Art. 6(1)(c) GDPR; and the legal basis for processing to protect legitimate interests is Art. 6(1)(f) GDPR. In cases where vital interests of the data subject or another natural person require the processing of personal data, Art. 6(1)(d) GDPR applies as the legal basis.

Security measures
Pursuant to Art. 32 GDPR, we take appropriate technical and organizational measures considering the state of the art, implementation costs, nature, scope, context, and purposes of processing, as well as the risks to the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk. These measures include, in particular, securing the confidentiality, integrity, and availability of data by controlling physical access to data, access to, input, transmission, availability, and separation of data. Furthermore, we have established procedures to handle the exercise of data subject rights, deletion of data, and responding to data breaches. We also take into account data protection by design and by default pursuant to Art. 25 GDPR when developing or selecting hardware, software, and procedures.

Cooperation with processors and third parties
If we disclose data to other persons or companies (processors or third parties) within the scope of our processing, transfer data to them, or grant them otherwise access to data, this occurs only on the basis of legal permission (e.g., if data transfer to third parties such as payment service providers is necessary for contract fulfillment pursuant to Art. 6(1)(b) GDPR), you have consented, there is a legal obligation, or based on our legitimate interests (e.g., use of contractors, web hosting providers, etc.).
If we commission third parties to process data based on an “order processing contract,” this is done pursuant to Art. 28 GDPR.

Transfers to third countries
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or this occurs in the context of using third-party services or disclosure or transfer of data to third parties, this happens only if it is necessary for the fulfillment of our (pre)contractual obligations, based on your consent, a legal obligation, or our legitimate interests. Subject to statutory or contractual permissions, we only process or have data processed in a third country if the special requirements of Articles 44 ff. GDPR are met. This means, for example, processing occurs on the basis of special guarantees, such as an officially recognized adequacy decision (e.g., for the USA via the “Privacy Shield”) or observance of officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects
You have the right to obtain confirmation as to whether personal data concerning you are being processed and, if so, access to such data and further information as well as a copy thereof pursuant to Art. 15 GDPR.
You have the right to request the completion of data concerning you or the correction of incorrect data pursuant to Art. 16 GDPR.
You have the right to demand the immediate deletion of data or alternatively to request restriction of processing pursuant to Art. 17 and Art. 18 GDPR.
You have the right to receive data you have provided to us in a structured, commonly used, and machine-readable format and to demand the transfer of these data to another controller pursuant to Art. 20 GDPR.
You also have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 GDPR.

Right of withdrawal
You have the right to withdraw consent granted pursuant to Art. 7(3) GDPR at any time with effect for the future.

Right to object
You may object to the future processing of data concerning you pursuant to Art. 21 GDPR at any time. The objection can be made especially against processing for direct marketing purposes.

Cookies and the Right to Object to Direct Advertising
“Cookies” are small files stored on users’ computers. Various information can be stored inside cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, also called “session cookies” or “transient cookies,” are deleted once a user leaves an online offering and closes their browser. For example, a temporary cookie can store the contents of a shopping cart in an online shop or a login status.
“Permanent” or “persistent” cookies remain stored even after the browser is closed. For example, the login status can be saved so that users remain logged in when returning days later. Such cookies can also store user interests, which may be used for reach measurement or marketing purposes.
“Third-party cookies” are cookies set by providers other than the operator of the online offering (otherwise, if only the operator’s cookies are used, they are called “first-party cookies”).
We may use both temporary and permanent cookies and disclose this information in our privacy policy.
If users do not want cookies to be stored on their devices, they are asked to deactivate the corresponding option in their browser’s system settings. Stored cookies can be deleted in the browser settings. Disabling cookies may lead to functional limitations of this online offering.
A general objection to the use of cookies for online marketing purposes, especially tracking, can be declared on the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Additionally, cookie storage can be prevented by disabling cookies in the browser settings. Please note that this may result in not all functions of this online offering being usable.

Data Deletion
The data we process is deleted or restricted in processing according to Articles 17 and 18 of the GDPR. Unless explicitly stated otherwise in this privacy policy, data stored by us is deleted as soon as it is no longer needed for its intended purpose and no statutory retention obligations prevent deletion. If data is not deleted because it is necessary for other legally permissible purposes, its processing is restricted, i.e., the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to legal requirements in Germany, retention periods include 10 years under §§ 147(1) AO, 257(1)(1 and 4), (4) HGB (books, records, management reports, booking receipts, commercial books, tax-relevant documents, etc.) and 6 years under § 257(1)(2 and 3), (4) HGB (commercial letters).
According to Austrian legal requirements, retention periods include 7 years according to § 132(1) BAO (accounting documents, receipts/invoices, accounts, documents, business papers, income and expenditure statements, etc.), 22 years related to real estate, and 10 years for documents related to electronically provided services, telecommunications, broadcasting, and television services provided to non-business customers in EU member states using the Mini One-Stop Shop (MOSS).

Agency Services
We process our clients’ data within the scope of our contractual services, including conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services, and training services.
We process master data (e.g., customer master data such as names or addresses), contact data (e.g., email, phone numbers), content data (e.g., text inputs, photographs, videos), contract data (e.g., contract subject, duration), payment data (e.g., bank details, payment history), usage and metadata (e.g., for evaluating and measuring the success of marketing measures). We generally do not process special categories of personal data unless these are part of a commissioned processing.
Data subjects include our clients, prospects, as well as their clients, users, website visitors, employees, and third parties. The purpose of processing is to provide contractual services, billing, and customer service. The legal bases for processing are Art. 6(1)(b) GDPR (contractual services) and Art. 6(1)(f) GDPR (analysis, statistics, optimization, security measures).
We process data necessary to establish and fulfill contractual services and point out the necessity of providing such data. Disclosure to third parties only occurs if required within the scope of an order. When processing data provided within an order, we act according to the instructions of the clients and legal requirements of commissioned processing under Art. 28 GDPR, processing data only for the agreed purposes.
We delete data after expiration of statutory warranty and comparable obligations. The necessity to retain data is reviewed every three years; in case of legal archival obligations, deletion occurs after expiration (6 years, per § 257(1) HGB; 10 years, per § 147(1) AO). Data disclosed to us under an order is deleted according to the order’s instructions, generally after the end of the order.

Therapeutic Services and Coaching
We process data of our clients, prospects, and other principals or contracting parties (collectively “clients”) pursuant to Art. 6(1)(b) GDPR to provide contractual or pre-contractual services. The data processed, its type, scope, purpose, and necessity depend on the contractual relationship. This includes basic and master data of clients (e.g., name, address), contact data (e.g., email address, phone), contract data (e.g., services used, fees, contact persons), and payment data (e.g., bank details, payment history).
Within our services, we may also process special categories of data under Art. 9(1) GDPR, especially health-related information, possibly relating to sexual life or orientation, ethnic origin, religious or philosophical beliefs. We obtain explicit consent per Art. 6(1)(a), Art. 7, Art. 9(2)(a) GDPR if required and otherwise process special categories of data for health care purposes based on Art. 9(2)(h) GDPR and § 22(1)(1)(b) BDSG.
If necessary for contract fulfillment or legally required, we disclose or transmit client data in communication with other professionals or third parties involved typically or necessarily in contract fulfillment (e.g., billing offices or comparable service providers), provided this serves our service provision under Art. 6(1)(b) GDPR, is legally required under Art. 6(1)(c) GDPR, serves legitimate interests under Art. 6(1)(f) GDPR (efficient and cost-effective healthcare), protects vital interests under Art. 6(1)(d) GDPR, or is based on consent under Art. 6(1)(a), Art. 7 GDPR.
Data deletion occurs when data is no longer needed to fulfill contractual or legal care obligations or handle warranty and comparable duties; retention necessity is reviewed every three years; otherwise, legal retention obligations apply.

Administration, Financial Accounting, Office Organization, Contact Management
We process data for administrative tasks, business organization, financial accounting, and compliance with legal obligations such as archiving. This includes the same data processed within our contractual services. The legal bases are Art. 6(1)(c) GDPR and Art. 6(1)(f) GDPR. Data subjects include customers, prospects, business partners, and website visitors. The purpose and our interest lie in administration, accounting, office organization, and archiving — tasks necessary to maintain business operations, fulfill responsibilities, and provide services. Data deletion related to contractual services and communication follows the statements made for these processing activities.
We disclose or transmit data to tax authorities, advisors (e.g., tax consultants, auditors), other fee offices, and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, event organizers, and other business partners for future contact. These mostly company-related data are generally stored indefinitely.

Hosting and Email Delivery
The hosting services we use provide the following: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services, as well as technical maintenance services, which we employ for the operation of this online offering.
In this context, we or our hosting provider process master data, contact data, content data, contract data, usage data, meta and communication data from customers, prospects, and visitors of this online offering based on our legitimate interest in the efficient and secure provision of this online offering pursuant to Art. 6(1)(f) GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

New Relic – Server Monitoring and Error Tracking
With the help of server monitoring and error tracking, we ensure the availability and integrity of our online offering and use the data processed in this context to technically optimize our online offering.
For these purposes, we use the service of New Relic, Inc., Attn: Legal Department, 188 Spear Street, Suite 1200, San Francisco, CA 94105, USA. New Relic is certified under the Privacy Shield framework and thus guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TNPiAAO&status=Active).
New Relic processes aggregated performance data, i.e., performance, utilization, and comparable technical metrics that provide information about the stability and any anomalies of our online offering. In the event of errors or irregularities, individual requests from users of our online offering are pseudonymized to identify and resolve problem sources. Pseudonymization here means, in particular, that users’ IP addresses are stored with the last two digits truncated (so-called IP masking). Aggregated data are deleted after three months, pseudonymized data after seven days.
We use New Relic based on our legitimate interest in the security, error-free operation, and optimization of our online offering pursuant to Art. 6(1)(f) GDPR.
Further information about the processing of personal data by New Relic can be found in the service’s privacy policy: https://newrelic.com/termsandconditions/privacy.

Google Analytics
We use Google Analytics, a web analysis service provided by Google LLC (“Google”), based on our legitimate interests (i.e., interest in analyzing, optimizing, and economically operating our online offering) pursuant to Art. 6(1)(f) GDPR. Google uses cookies. The information generated by the cookie about your use of the online offering is usually transferred to and stored on a Google server in the USA.
Google is certified under the Privacy Shield framework and thus guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate your use of the online offering, to compile reports on activities within this online offering, and to provide other services related to the use of this online offering and the Internet to us. Pseudonymous user profiles may be created from the processed data.
We use Google Analytics only with activated IP anonymization. This means that Google truncates IP addresses within member states of the European Union or in other parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there.
The IP address transmitted by your browser will not be merged with other Google data. You can prevent the storage of cookies by adjusting your browser settings accordingly. Furthermore, you can prevent Google from collecting and processing the data generated by the cookie about your use of the online offering by downloading and installing the browser plugin available at: http://tools.google.com/dlpage/gaoptout?hl=en.
Further information about data usage by Google, settings, and objection options can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for Google advertising display (https://adssettings.google.com/authenticated).
The personal data of users are deleted or anonymized after 14 months.

Online Presences on Social Media
We maintain online presences within social networks and platforms in order to communicate with customers, prospects, and users active there and to inform them about our services.
We point out that user data may be processed outside the territory of the European Union. This can involve risks for users, as enforcing their rights might be more difficult. Regarding U.S. providers certified under the Privacy Shield, we note that they commit to complying with EU data protection standards.
Furthermore, user data is usually processed for market research and advertising purposes. For example, user profiles can be created based on usage behavior and resulting interests. These profiles can be used to display advertisements both inside and outside the platforms that presumably match the users’ interests. For these purposes, cookies are typically stored on users’ devices that record usage behavior and interests. Additionally, usage profiles may store data independently of the devices used by the users (especially if the users are members of the respective platforms and logged in).
The processing of users’ personal data is based on our legitimate interest in effective information and communication with users pursuant to Art. 6(1)(f) GDPR. If users are asked for their consent to data processing by the respective providers (e.g., by ticking a checkbox or clicking a confirmation button), the legal basis for processing is Art. 6(1)(a) and Art. 7 GDPR.
For detailed descriptions of the respective processing and opt-out options, we refer to the linked information of the providers below.
In cases of access requests and the assertion of user rights, we point out that these can be most effectively exercised directly with the providers. Only the providers have access to user data and can take appropriate measures and provide information directly. Should you still need help, you can contact us.

Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) – Privacy Policy: https://www.facebook.com/about/privacy/
Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com
Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active

Google / YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – Privacy Policy: https://policies.google.com/privacy
Opt-Out: https://adssettings.google.com/authenticated
Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Policy / Opt-Out: http://instagram.com/about/legal/privacy/

Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Privacy Policy: https://twitter.com/de/privacy
Opt-Out: https://twitter.com/personalization
Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active

Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) – Privacy Policy / Opt-Out: https://about.pinterest.com/de/privacy-policy

LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland) – Privacy Policy: https://www.linkedin.com/legal/privacy-policy
Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active

Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) – Privacy Policy / Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung

Wakalet (Wakelet Limited, 76 Quay Street, Manchester, M3 4PR, United Kingdom) – Privacy Policy / Opt-Out: https://wakelet.com/privacy.html

Soundcloud (SoundCloud Limited, Rheinsberger Str. 76/77, 10115 Berlin, Germany) – Privacy Policy / Opt-Out: https://soundcloud.com/pages/privacy

Integration of Third-Party Services and Content
Within our online offering, we use content or service offerings from third-party providers based on our legitimate interests (i.e., interest in analyzing, optimizing, and economically operating our online offering according to Art. 6(1)(f) GDPR) to embed their content and services, such as videos or fonts (hereinafter collectively referred to as “content”).
This always presupposes that the third-party providers of this content perceive the users’ IP addresses, as without the IP address they would not be able to send the content to the user’s browser. The IP address is thus necessary for the presentation of this content. We endeavor to use only such content whose respective providers use the IP address solely for delivering the content. Third parties may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. These pixel tags enable the evaluation of visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the users’ devices and may contain, among other things, technical information about the browser and operating system, referring websites, visit times, as well as further information about the use of our online offering, and may be linked with such information from other sources.

We embed the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Maps
We embed the maps service “Google Maps” from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include in particular IP addresses and location data of the users, which, however, are not collected without the users’ consent (usually given through the settings of their mobile devices). The data may be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Use of Facebook Social Plugins
We use social plugins (“plugins”) of the social network facebook.com operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”) based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering according to Art. 6(1)(f) GDPR).
These may include content such as images, videos, or texts, and buttons enabling users to share content from this online offering within Facebook. The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield agreement and thereby guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls up a function of this online offering containing such a plugin, their device establishes a direct connection to Facebook’s servers. The plugin content is transmitted directly from Facebook to the user’s device and integrated into the online offering by the device. Data processed in this context may be used to create user profiles. We therefore have no influence on the extent of the data collected by Facebook using this plugin and inform users according to our knowledge.
By embedding the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged into Facebook, Facebook can associate the visit with their Facebook account. When users interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding information is sent directly from their device to Facebook and stored there. If a user is not a member of Facebook, there is still a possibility that Facebook will learn and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.
The purpose and scope of data collection and the further processing and use of data by Facebook, as well as the relevant user rights and privacy settings, can be found in Facebook’s privacy notices: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about them through this online offering and link it to their Facebook account data, they must log out of Facebook before using our online offering and delete their cookies. Further settings and objections to the use of data for advertising purposes are possible within Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. These settings apply platform-independently, i.e., they apply to all devices such as desktop computers or mobile devices.

Xing
Within our online offering, functions and content from the service Xing, offered by XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany, may be integrated. These may include content such as images, videos, texts, and buttons allowing users to share content from this online offering within Xing. If users are members of the Xing platform, Xing can assign the access to the aforementioned content and functions to the users’ profiles there. Xing privacy policy: https://privacy.xing.com/de/datenschutzerklaerung.

LinkedIn
Within our online offering, functions and content from the service LinkedIn, offered by LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, may be integrated. These may include content such as images, videos, texts, and buttons allowing users to share content from this online offering within LinkedIn. If users are members of the LinkedIn platform, LinkedIn can assign the access to the aforementioned content and functions to the users’ profiles there. LinkedIn privacy policy: https://www.linkedin.com/legal/privacy-policy. LinkedIn is certified under the Privacy Shield agreement and thereby guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active). Privacy policy: https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

Created with Datenschutz-Generator.de by attorney Dr. Thomas Schwenke