Thank you for your interest in FriendlyBytes. Data protection is particularly important to us. Our website can generally be used without providing any personal data.
However, if a data subject wishes to use particular services through our website, it may become necessary to process personal data. If processing personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject’s consent.
Personal data, such as a data subject’s name, address, email address or telephone number, is always processed in accordance with the General Data Protection Regulation and the country-specific data protection provisions applicable to this website.
Through this privacy policy, we wish to inform the public about the nature, scope and purpose of the personal data we collect, use and process. This privacy policy also informs data subjects of their rights.
As the controller, Bernd Fischer (Friendly Bytes) has implemented numerous technical and organisational measures to ensure the most comprehensive possible protection of the personal data processed through this website.
Nevertheless, internet-based data transmission can in principle have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The privacy policy of Bernd Fischer (Friendly Bytes) is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would first like to explain the terminology used.
In this privacy policy, we use the following terms, among others:
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a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
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b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
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c) Processing
Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
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d) Restriction of processing
Restriction of processing means marking stored personal data with the aim of limiting its processing in the future.
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e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
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f) Pseudonymisation
Pseudonymisation means processing personal data in such a manner that it can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
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g) Controller or person responsible for processing
The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
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h) Processor
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
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i) Recipient
A recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, whether or not it is a third party. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not considered recipients.
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j) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
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k) Consent
Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which the data subject, through a statement or a clear affirmative action, signifies agreement to the processing of personal data relating to them.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions relating to data protection is:
Friendly Bytes
Bernd Fischer
Waldeckstrasse 36
81543 München
Germany
Tel.: 089 809 197 79
E-Mail: hello@friendlybytes.net
Website: friendlybytes.net
3. Cookies
The Friendly Bytes website uses cookies. Cookies are text files placed and stored on a computer system via an internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for a cookie. It consists of a character string that allows websites and servers to be associated with the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the data subject’s individual browser from other internet browsers containing different cookies. A specific internet browser can be recognised and identified through its unique cookie ID.
By using cookies, Bernd Fischer Friendly Bytes can provide users of this website with more user-friendly services that would not be possible without setting cookies.
Cookies allow the information and services on our website to be optimised for the user. As already mentioned, cookies enable us to recognise users of our website. The purpose of this recognition is to make the website easier to use. For example, users of a website that uses cookies do not need to re-enter their login details every time they visit, because this is handled by the website and the cookie stored on the user’s computer system. Another example is a shopping basket cookie in an online shop. The online shop uses a cookie to remember the items a customer has placed in the virtual shopping basket.
Data subjects can prevent our website from setting cookies at any time by adjusting the settings of their internet browser, thereby permanently objecting to cookies being set. Cookies already stored can also be deleted at any time through an internet browser or other software. This is possible in all common internet browsers. If the data subject disables cookies in their internet browser, some functions of our website may not be fully available.
4. Collection of general data and information
The Bernd Fischer Friendly Bytes website collects a range of general data and information whenever a data subject or an automated system accesses the website. This general data and information is stored in the server log files. The information collected may include (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (the so-called referrer), (4) the subpages accessed on our website by an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information used to avert threats in the event of attacks on our information technology systems.
When using this general data and information, Bernd Fischer Friendly Bytes does not draw any conclusions about the data subject. Instead, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website and its advertising, (3) ensure the continued functioning of our information technology systems and website technology and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. Bernd Fischer Friendly Bytes therefore evaluates this anonymously collected data and information both statistically and with the aim of improving data protection and data security in our company, ultimately ensuring an optimal level of protection for the personal data we process. Anonymous server log file data is stored separately from all personal data provided by a data subject.
5. Contact options through the website
In accordance with statutory requirements, the Bernd Fischer Friendly Bytes website contains information enabling rapid electronic contact with our company and direct communication with us, including a general electronic mail address (email address). If a data subject contacts the controller by email or through a contact form, the personal data transmitted by the data subject is stored automatically. Personal data voluntarily transmitted by a data subject to the controller in this way is stored for the purpose of handling the enquiry or contacting the data subject. This personal data is not disclosed to third parties.
6. Blog comment function on the website
Bernd Fischer Friendly Bytes offers users the opportunity to leave individual comments on blog posts in a blog located on the controller’s website. A blog is a portal maintained on a website, usually publicly accessible, in which one or more people, called bloggers or web bloggers, can publish articles or write down thoughts in so-called blog posts. Third parties can generally comment on these posts.
If a data subject leaves a comment on the blog published on this website, the comments, the time of submission and the username (pseudonym) chosen by the data subject are stored and published. The IP address assigned by the data subject’s internet service provider (ISP) is also logged. This IP address is stored for security reasons and in case the data subject infringes third-party rights or posts unlawful content through a comment. This personal data is therefore stored in the controller’s own interest so that the controller may, where appropriate, establish that it bears no responsibility in the event of an infringement. The personal data collected is not disclosed to third parties unless disclosure is required by law or serves the controller’s legal defence.
7. Routine erasure and blocking of personal data
The controller processes and stores the data subject’s personal data only for the period necessary to achieve the purpose of storage, or where this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or a retention period prescribed by the European legislator or another competent legislator expires, personal data is routinely blocked or erased in accordance with statutory requirements.
8. Rights of the data subject
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a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning them is being processed. To exercise this right to confirmation, a data subject may contact our data protection officer or another employee of the controller at any time.
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b) Right of access
Every data subject whose personal data is processed has the right granted by the European legislator to obtain, at any time and free of charge, information from the controller about the personal data stored about them and a copy of that information. The European legislator has also granted the data subject access to the following information:
- the purposes of processing
- the categories of personal data being processed
- the recipients or categories of recipients to whom personal data has been or will be disclosed, in particular recipients in third countries or international organisations
- where possible, the envisaged period for which personal data will be stored or, if this is not possible, the criteria used to determine that period
- the existence of the right to request rectification or erasure of personal data concerning them, restriction of processing by the controller or the right to object to such processing
- the existence of the right to lodge a complaint with a supervisory authority
- where personal data is not collected from the data subject: any available information about its source
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject
The data subject also has the right to obtain information about whether personal data has been transferred to a third country or an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer.
To exercise this right of access, a data subject may contact our data protection officer or another employee of the controller at any time.
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c) Right to rectification
Every data subject whose personal data is processed has the right granted by the European legislator to obtain the rectification of inaccurate personal data concerning them without undue delay. Taking into account the purposes of processing, the data subject also has the right to have incomplete personal data completed, including by providing a supplementary statement.
To exercise this right to rectification, a data subject may contact our data protection officer or another employee of the controller at any time.
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d) Right to erasure (right to be forgotten)
Every data subject whose personal data is processed has the right granted by the European legislator to require the controller to erase personal data concerning them without undue delay where one of the following grounds applies and insofar as processing is not necessary:
- The personal data was collected or otherwise processed for purposes for which it is no longer necessary.
- The data subject withdraws consent on which processing was based under Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for processing.
- The data subject objects to processing under Article 21(1) GDPR and there are no overriding legitimate grounds for processing, or the data subject objects to processing under Article 21(2) GDPR.
- The personal data has been unlawfully processed.
- Erasure of the personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data was collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
If one of the above grounds applies and a data subject wishes to have personal data stored by Bernd Fischer Friendly Bytes erased, they may contact our data protection officer or another employee of the controller at any time. The data protection officer of Bernd Fischer Friendly Bytes or another employee will ensure that the erasure request is complied with without undue delay.
Where Bernd Fischer Friendly Bytes has made personal data public and our company, as controller, is obliged under Article 17(1) GDPR to erase it, Bernd Fischer Friendly Bytes takes reasonable steps, including technical measures, taking account of available technology and implementation costs, to inform other controllers processing the published personal data that the data subject has requested the erasure by those controllers of any links to, or copies or replications of, that personal data, insofar as processing is not necessary. The data protection officer of Bernd Fischer Friendly Bytes or another employee will arrange the necessary measures in each individual case.
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e) Right to restriction of processing
Every data subject whose personal data is processed has the right granted by the European legislator to obtain restriction of processing from the controller where one of the following conditions applies:
- The data subject contests the accuracy of the personal data, for a period enabling the controller to verify its accuracy.
- Processing is unlawful and the data subject opposes erasure of the personal data and requests restriction of its use instead.
- The controller no longer needs the personal data for processing purposes, but the data subject requires it for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing under Article 21(1) GDPR and it has not yet been established whether the controller’s legitimate grounds override those of the data subject.
If one of the above conditions applies and a data subject wishes to request restriction of personal data stored by Bernd Fischer Friendly Bytes, they may contact our data protection officer or another employee of the controller at any time. The data protection officer of Bernd Fischer Friendly Bytes or another employee will arrange for processing to be restricted.
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f) Right to data portability
Every data subject whose personal data is processed has the right granted by the European legislator to receive the personal data concerning them which they have provided to a controller in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to which the personal data was provided, where processing is based on consent under Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract under Article 6(1)(b) GDPR, and processing is carried out by automated means, provided that processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
When exercising the right to data portability under Article 20(1) GDPR, the data subject also has the right to have personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, a data subject may contact the data protection officer appointed by Bernd Fischer Friendly Bytes or another employee at any time.
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g) Right to object
Every data subject whose personal data is processed has the right granted by the European legislator to object at any time, on grounds relating to their particular situation, to processing of personal data concerning them based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.
If an objection is raised, Bernd Fischer will no longer process the personal data unless we can demonstrate compelling legitimate grounds for processing which override the data subject’s interests, rights and freedoms, or processing serves the establishment, exercise or defence of legal claims.
Where Bernd Fischer processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Bernd Fischer Friendly Bytes processing their data for direct marketing purposes, Bernd Fischer Friendly Bytes will no longer process the personal data for these purposes.
The data subject also has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by Bernd Fischer Friendly Bytes for scientific or historical research purposes or statistical purposes under Article 89(1) GDPR, unless processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact the data protection officer of Bernd Fischer Friendly Bytes or another employee directly. In the context of using information society services, and notwithstanding Directive 2002/58/EC, the data subject is also free to exercise the right to object by automated means using technical specifications.
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h) Automated individual decision-making, including profiling
Every data subject whose personal data is processed has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into or performing a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that law provides appropriate measures to safeguard the data subject’s rights, freedoms and legitimate interests, or (3) is made with the data subject’s explicit consent.
If the decision (1) is necessary for entering into or performing a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, Bernd Fischer Friendly Bytes implements appropriate measures to safeguard the data subject’s rights, freedoms and legitimate interests, including at least the right to obtain human intervention on the controller’s part, to express their point of view and to contest the decision.
If a data subject wishes to exercise rights relating to automated decisions, they may contact our data protection officer or another employee of the controller at any time.
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i) Right to withdraw consent to data processing
Every data subject whose personal data is processed has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If a data subject wishes to exercise the right to withdraw consent, they may contact our data protection officer or another employee of the controller at any time.
9. Legal basis for processing
Article 6(1)(a) GDPR serves as our company’s legal basis for processing operations for which we obtain consent for a specific processing purpose. If processing personal data is necessary to perform a contract to which the data subject is a party, for example processing necessary to supply goods or provide another service or consideration, processing is based on Article 6(1)(b) GDPR. The same applies to processing necessary to take steps prior to entering into a contract, for example in response to enquiries about our products or services. If our company is subject to a legal obligation requiring personal data to be processed, such as compliance with tax obligations, processing is based on Article 6(1)(c) GDPR. In rare cases, processing personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance information or other vital information had to be disclosed to a doctor, hospital or other third parties. Processing would then be based on Article 6(1)(d) GDPR. Finally, processing operations may be based on Article 6(1)(f) GDPR. Processing operations not covered by any of the above legal bases rely on this basis where processing is necessary to safeguard a legitimate interest of our company or a third party, unless the data subject’s interests, fundamental rights and freedoms override that interest. Such processing operations are permitted in particular because they were specifically mentioned by the European legislator. In this respect, the legislator considered that a legitimate interest could exist where the data subject is a client of the controller (Recital 47, second sentence, GDPR).
10. Legitimate interests pursued by the controller or a third party in processing
Where processing personal data is based on Article 6(1)(f) GDPR, our legitimate interest is conducting our business for the benefit of the well-being of all our employees and shareholders.
11. Period for which personal data is stored
The criterion for the storage period of personal data is the applicable statutory retention period. Once that period expires, the relevant data is routinely erased unless it is still required to perform a contract or take steps towards entering into a contract.
12. Statutory or contractual requirements to provide personal data; necessity for entering into a contract; the data subject’s obligation to provide personal data; possible consequences of failure to provide it
Please note that providing personal data is in some cases required by law (e.g. tax provisions) or may arise from contractual provisions (e.g. information about the contracting party).
It may sometimes be necessary for a data subject to provide us with personal data in order to enter into a contract, and we must subsequently process that data. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data, the data subject must contact our data protection officer. Our data protection officer explains to the data subject on a case-by-case basis whether providing personal data is required by law or contract or is necessary for entering into a contract, whether there is an obligation to provide the personal data and what the consequences of failing to provide it would be.
13. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Neu-Ulm, in cooperation with Christian Solmecke, a lawyer specialising in IT and data protection law.
14. Newsletter
If you wish to receive the newsletter offered on this website, we require your email address and information allowing us to verify that you own the email address provided and consent to receiving the newsletter. No further data is collected, or it is collected only on a voluntary basis. We use this data solely to send the requested information and do not disclose it to third parties.
Data entered in the newsletter registration form is processed exclusively on the basis of your consent (Article 6(1)(a) GDPR). You may withdraw your consent to the storage of your data and email address and their use for sending the newsletter at any time, for example through the “Unsubscribe” link in the newsletter. Withdrawal does not affect the lawfulness of data processing already carried out.
Data you provide to us for receiving the newsletter is stored until you unsubscribe and is erased after you cancel your subscription. Data stored by us for other purposes (e.g. email addresses for the comments section) remains unaffected.