Data protection

I. General
The information in this declaration applies to the processing of personal data on our website and is intended to inform you about the processing purposes, recipients, legal bases, storage periods and your rights. In principle, we only process personal data of our users insofar as this is necessary to provide a functional website and our content and services. Personal data are all data that can be related to you personally, such as your name, your address or your e-mail address. “Processing of data” means, in particular, the collection, storage, use and transmission of your data.
Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is required to fulfill a contract to which the data subject is a party, Article 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are required to carry out pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Article 6 Paragraph 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the person concerned do not outweigh the first-mentioned interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.
The personal data of data subjects will be deleted or blocked as soon as the purpose of storage no longer applies. Storage after the purpose of the storage no longer applies if this is provided for by law. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
You can find further information on the legal basis of processing and the storage period with regard to specific personal data in the respective subsection.
Information on your rights can be found under III.

II. Responsible
The person responsible within the meaning of the General Data Protection Regulation and the national data protection laws of the member states as well as other data protection regulations is:

Flame GmbH
Fuggerstrasse 1
81373 Munich
Germany
Tel .: +49 89 18 94 97 0
Email: info@hello-flame.com
www.hello-flame.com

III. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights towards us:

1. Right to information

You can request confirmation as to whether personal data relating to you will be processed by us. If this is the case, you can request information from us about the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or the categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the existence of a right to correct or delete your personal data, a right to restrict processing by the person responsible or a right to object to this processing;
(6) the right to lodge a complaint with a supervisory authority;
(7) all available information about the origin of the data if the personal data are not collected from the data subject;
(8) The existence of automated decision-making including profiling in accordance with Art. 22 Paragraphs 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether your personal data is being transmitted to a third country or to an international organization. In this regard, you can ask about the appropriate scecurity according to Art. 46 GDPR to be informed in connection with the transmission.

2. Right to rectification

You have the right to correction or completion if the processed personal data concerning you is incorrect or incomplete. The correction must be carried out immediately.

3. Right to restriction of processing

Under the following conditions, you can request that the processing of your personal data be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period that enables us to check the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
(3) We no longer need the personal data for processing purposes, but you need them to assert, exercise or defend legal claims, or
(4) if you have objected to the processing in accordance with Art. 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons to which we are entitled outweigh your reasons.
If the processing of your personal data has been restricted, this data – apart from its storage – may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest processed by the Union or a Member State.
If the processing has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.

4. Right to cancellation

a) Obligation to delete
You can request that we delete the personal data relating to you immediately, with the result that we are obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) GDPR, and there is no other legal basis for the processing.
(3) You object to the processing in accordance with Art. 21 Paragraph 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 Paragraph 2 GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of your personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which we are subject.
(6) The personal data relating to you were collected in relation to the information society services offered in accordance with Art. 8 Paragraph 1 GDPR.

b) Information to third parties
If we have made the personal data concerning you public and we are obliged to delete it in accordance with Art. 17 Paragraph 1 GDPR, we will take appropriate measures, including technical measures, to inform the person responsible for the data processing, taking into account the available technology and the implementation costs who process the personal data, that you, as the data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.

c) Exceptions
The right to erasure does not exist if processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation that requires processing under the law of the Union or of the member states to which we are subject, or to perform a task that is in the public interest or in the exercise of official authority that has been assigned to us;
(3) for reasons of public interest in the area of ​​public health in accordance with Art. 9 Paragraph 2 lit. h and i as well as Art. 9 Paragraph 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 GDPR, insofar as the right mentioned under section a) is likely to make the realization of the objectives of this processing impossible or seriously impair it, or
(5) for the establishment, exercise or defense of legal claims.

5. Right to be informed

If you have asserted the right to correction, deletion or restriction of processing against us, we are obliged to inform all recipients to whom you are concerned at the end of the personal data has been disclosed, this correction or deletion of the data or restriction of processing has to be communicated, unless this proves to be impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by us.

6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. You also have the right to transfer this data to another person responsible without hindrance from us, provided that
(1) the processing is based on consent in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract in accordance with Article 6 (1) (b) GDPR and
(2) the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data relating to you transmitted directly from us to another person responsible, insofar as this is technically feasible. This must not impair the freedoms and rights of other people.
The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority that has been assigned to us.

7. Right to Object

You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data, which is based on Art. 6 Para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
We will then no longer process the personal data relating to you, unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data relating to you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.
If you object to processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.
In connection with the use of information society services – regardless of Directive 2002/58 / EC – you have the option of exercising your right of objection by means of automated processes that use technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. Revoking your consent does not affect the legality of the processing carried out on the basis of your consent up to the point of revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subjected to a decision based solely on automated processing – including profiling – which has legal effects on you or which significantly affects you in a similar manner. This does not apply if the decision is made
(1) is necessary for the conclusion or performance of a contract between you and us,
(2) is permissible on the basis of legal provisions of the Union or of the member states to which we are subject and these legal provisions contain appropriate measures to safeguard your rights and freedoms as well as your legitimate interests or
(3) takes place with your express consent.
However, these decisions may not be based on special categories of personal data according to Art. 9 Paragraph 1 GDPR, unless Art. 9 Paragraph 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests .
With regard to the cases mentioned in (1) and (3), we take appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain intervention by a person on the part of the person responsible, to express your own point of view and on Appeal of the decision heard.

10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of your relevant personal data violates the GDPR.
The supervisory authority to which the complaint was submitted will inform you of the status and the results of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.

IV. Visiting the website and log files
1. Scope of processing of personal data

Each time you visit our website, our system automatically collects the following data and information from the computer system of the calling computer.
(1) Information about the browser type and the version used
(2) The user’s operating system
(3) The user’s internet service provider
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user’s system reached our website
(7) Websites that are accessed by the user’s system via our website
This data is stored in the log files of our system.
This does not affect the user’s IP addresses or other data that enable the data to be assigned to a user. This data is not stored together with other personal data of the user.

2. Legal basis for the processing of personal data

The legal basis for the collection and storage of the data is Art. 6 Para. 1 lit. f GDPR.

3. Purpose of data processing

The temporary storage of the IP address is necessary in order to be able to display the website to you. To do this, the IP address must be saved for the duration of the session. The remaining data is collected for technical reasons to ensure stability and security.
This also results in the legitimate interest in processing according to Art. 6 Para. 1 lit. f GDPR.

4. Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

5. Opposition and removal option

The collection of the data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no possibility of objection on the part of the user.

V. Cookies
1. Scope of processing of personal data

Our website uses technically necessary cookies. Cookies are text files that are stored on your computer system. We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can also be identified after changing pages.
The following data is stored and transferred in the cookies:
(1) Language settings
(2) Technical capabilities of the calling browser
We also use cookies on our website that enable an analysis of the surfing behavior of the users. In this way, the following data can be transmitted:
(1) Entered search terms
(2) Frequency of page views
(3) Use of website functions

When you visit our website, an information banner informs you about the use of cookies for analysis purposes and refers you to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings.

2. Legal basis for the processing of personal data

The legal basis for the processing of personal data using cookies is Article 6 (1) (f) GDPR.

3. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of our website for you. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after changing pages.
The user data collected by technically necessary cookies are not used to create user profiles.
The analysis cookies are used to improve the quality of our website and its content. The analysis cookies tell us how the website is used and so we can continuously optimize our offer.
Our legitimate interest in the processing of personal data in accordance with Art. 6 Para. 1 lit. f GDPR lies in these purposes.

4. Duration of storage of data processing

The technically necessary cookies are usually deleted when the browser is closed, i.e. when the session is ended.
The other cookies used are automatically deleted after a specified period of time that extends beyond the end of a session and that differs from cookie to cookie. You can see the storage time of the cookies in the settings of your browser. You can also delete cookies before the storage time has expired.

5. Opposition and removal option

Cookies are stored on your device and transmitted to our site from there. You therefore have the option of deactivating or restricting the transmission of cookies by changing the settings in your browser. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to their full extent.

VI. contact form
1. Scope of processing of personal data

You can use the contact form on our website to get in touch with us in this way. When used, the data entered there will be transmitted to us and stored by us. This involves at least the following data:
(1) First and last name
(2) Email address
(3) Your message to us

At the same time, the following additional data is collected and stored when the request is sent:

Date and time of use
We process the data collected to answer and deal with your inquiries. You are not obliged to provide us with your personal data. However, we will then not be able to answer the request.

2. Legal basis for the processing of personal data

If you send us your data in a pre-contractual context, for example with a request to send you an offer or with questions about our products, Article 6 (1) (b) GDPR is the legal basis. In all other cases, Article 6 (1) (f) GDPR is the legal basis.

3. Purpose of data processing

The processing of the personal data from the input mask serves us only to process the contact. If you contact us by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed with the sending serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage

Your data will be deleted when it can be inferred from the circumstances that your request or the matter in question has been finally clarified.
The additional personal data collected with the sending will be deleted after a period of seven days at the latest.

5. Opposition and removal option

The collection of the data is absolutely necessary to answer the inquiries sent via the contact form. There is consequently no possibility of objection on the part of the user.

VII. Matomo
1. Scope of processing of personal data

We use Matomo on our website, an open source web analysis service that is self-hosted on our servers. The software places a cookie on your computer if you have given your consent (for cookies see under V.). This service uses IP anonymization. This means that the last block of your IP address (i.e. the last octet for an IPv4 address or the last 80 bits for an IPv6 address) is set to zero before it is saved. We use the information obtained in this way to evaluate your use of our website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage.

2. Legal basis for the processing of personal data

The legal basis for the processing of the data is Art. 6 Para. 1 lit. f GDPR.

3. Purpose of data processing

The purpose of processing is to analyze user behavior in order to optimize our marketing and our offers. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness. This also includes the necessary legitimate interest in processing the data. Your interests are taken into account by anonymizing the IP address so that you as a user remain anonymous to us.

4. Duration of storage

The data is stored for a period of 26 months.

5. Opposition and removal option

You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out, however, that in this case you may not be able to use all functions of this website to their full extent. You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by setting an opt-out via the following selection (“Do not allow cookies “):