LEGAL NOTICE &
LEGAL NOTICE &
This legal notice is in accordance with Section 5 of the German Telemediengesetz (TMG)
Jimmy J. Zarski
E-mail address on the contact page
Internet address: zarski.art
VAT number: DE321073910
CONTENTS OF THE ONLINE OFFER
The contents of this website are created with the greatest possible care. The author accepts no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of the author. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate announcement or to discontinue the publication temporarily or permanently.
REFERENCES AND LINKS
In the case of direct or indirect references to external Internet pages (“links”), which are outside the author’s area of responsibility, a liability obligation would only come into force in the event that the author is aware of the contents and it would be technically possible and reasonable for him to prevent use in the event of illegal contents. The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore, he hereby expressly distances himself from all contents of all linked pages that were changed after the link was set. This statement applies to all links and references set within the author’s own Internet offer, as well as to external entries in discussion forums and mailing lists set up by the author. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, the provider of the page to which reference is made shall be solely liable, not the person who merely refers to the respective publication via links.
VALIDITY OF THIS DISCLAIMER
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
OBJECTION TO MARKETING E-MAILS
Within the framework of our legal obligations, we have to publish our contact data. These are sometimes used by third parties to send unsolicited advertising and information. We hereby object to any sending of advertising material of any kind not expressly authorised by us. Furthermore, we expressly reserve the right to take legal action against the unwanted and unsolicited sending of advertising material. This applies in particular to so-called spam e-mails and spam letters. We would like to point out that the unauthorised transmission of advertising material can affect both competition law, civil law and criminal law offences. Spam e-mails, in particular, can lead to high claims for damages if they disrupt business operations by overfilling mailboxes.
For the website design, the text, all graphics and photos, each selection or layout thereof: Copyright © ZARSKIART™. Copying or reproduction of the entire website or parts of this website is not permitted. Any other use of the materials or information available on this website – including reproduction, further distribution, modification, and publication for any purpose is prohibited unless Jimmy Zarski has given its prior written consent.
Jimmy Zarski constantly monitors and updates the information published on his website. In spite of all precautions taken, data and information of any kind may meanwhile have changed. Accordingly, no liability, guarantee or responsibility of any kind whatsoever can be assumed for the continued applicability, accuracy and completeness of the information provided on the website. The same applies to all other websites to which referrals are made directly via hyperlinks or in any other manner whatsoever.
Jimmy Zarski is not responsible for the content of websites reached on account of such links or referrals. Jimmy Zarski expressly disclaims any form of liability – whether contractual, in tort, strict liability regardless of fault or any other kind of liability for payment of direct or indirect damages, compensation for any incidental loss or damage sustained, fines including damages or concrete loss or damage resulting there from or arising in connection with web pages of Jimmy Zarski being called up, used or not used, or with a performance failure, disruption, defect, delayed transmission, computer viruses or any other malicious elements or a power or systems failure occurring in connection with these web pages, irrespective of whether Jimmy Zarski was aware of the possibilities of such loss or damage or not. In addition, Jimmy Zarski reserves the right to make changes or supplementations to the information made available at any time.
Our aim is for you to feel comfortable on our website. The protection of your privacy and your personal rights are therefore important to us. Therefore, we would like to ask you to carefully read the following summary about how our website works. You can rely on transparent and fair data processing and we strive to handle your data carefully and responsibly.
The person responsible within the meaning of the GDPR, other data protection laws applicable in the member states of the EU and other provisions of a data protection is:
Jimmy J. Zarski
SCOPE OF THE PROCESSING OF PERSONAL DATA
As a matter of principle, we only collect and use personal data from you insofar as this is necessary to provide a functional website and our content and services, e.g. when you register on our website or log in to an existing customer account or when you order products. The collection and use o1029 Hamburg, Germanyf your personal data regularly only takes place with your consent. An exception applies in cases where prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.
The security of your personal data is a high priority for us. We, therefore, protect your data stored with us by technical and organisational measures in order to effectively prevent loss or misuse by third parties. In particular, our employees who process personal data are bound to data secrecy and must comply with it. To protect your personal data, it is transmitted in encrypted form; for example, we use SSL=Secure Socket Layer for communication via your Internet browser.
You can recognise this by the lock symbol that your browser displays when an SSL connection is established. In order to ensure the permanent protection of your data, the technical security measures are regularly checked and, if necessary, adapted to the state of the art. These principles also apply to companies that process and use data on our behalf and in accordance with our instructions.
PURPOSES OF PROCESSING AND LEGAL BASIS
We collect, process and use your personal data for the following purposes:
Establishment and performance of contractual relationships;
Customer satisfaction surveys and analyses;
Customer service and customer support;
To process orders for our online range of goods.
The processing of your personal data may be based on the following legal grounds:
Art. 6 (1) lit. a GDPR serves as our legal basis for processing operations where we obtain your consent for a specific processing purpose.
Art. 6 (1) lit. b GDPR, insofar as the processing of personal data is necessary for the performance of a contract, e.g. if you purchase a product. The same applies to such processing operations that are necessary for the performance of pre-contractual measures, for example in the case of enquiries about our products or services.
Art. 6 (1) lit. c GDPR, insofar as we are subject to a legal obligation that requires the processing of personal data, such as for the fulfilment of tax obligations.
Art. 6 (1) lit. d GDPR in the event that vital interests of you or another natural person require the processing of personal data.
Art. 6 (1) lit. f GDPR applies on the basis of our legitimate interests, e.g. when using service providers as part of order processing, such as shipping service providers or when carrying out statistical surveys and analyses and logging registration procedures. Our interest is directed towards the use of a user-friendly, appealing and secure presentation as well as optimisation of our website, which serves our business interests as well as meeting your expectations.
DURATION OF STORAGE AND ROUTINE DELETION OF PERSONAL DATA
We process and store your personal data only for the period of time required to fulfil the purpose of storage or if this has been provided for, in laws or regulations. After the purpose has ceased to exist or has been fulfilled, your personal data will be deleted or blocked.
In the case of blocking, deletion will take place as soon as legal, statutory or contractual retention periods do not conflict with this, there is no reason to assume that deletion would impair your interests worthy of protection and deletion would not cause a disproportionately high expense due to the special nature of the storage.
COLLECTION OF GENERAL DATA AND INFORMATION, SO-CALLED LOG FILES
If you visit our website for information purposes only, without providing personal data via registration or in any other way, only the Internet connection data that your browser transmits to our server will be processed. Our website collects a series of general data and information with each call, which is temporarily stored in log files of a server. A log file is created in the course of an automatic protocol of the processing computer system. The following can be recorded:
Access to the website (date, time and frequency)
How you arrived at the website (previous page, hyperlink etc.)
Amount of data sent
Which browser and browser version you are using
The operating system you are using
Which internet service provider you use
Your IP address, which your Internet access provider assigns to your computer when you connect to the Internet
The legal basis for this data processing is Article 6 (1) sentence 1 lit. b of the GDPR, as the collection and storage of this data is necessary for the operation of the website in order to ensure the functionality of the website and to deliver the content of our website correctly.
In addition, the data serve us to optimise our website and to ensure the security of our IT systems and the processing is based in this respect on Art. 6 para. 1 lit. f GDPR. For this reason, the data is stored for a maximum of 7 days as a technical precaution.
We also use this data for the purposes of advertising, market research and to design our services to meet your needs by creating and evaluating user profiles under pseudonyms, but only if you have not exercised your right to object to this use of your data (see information on the right to object under “Your rights”).
We use your data for sending information ordered by you about our offer and other promotions from us to the e-mail address provided by you.
a) Newsletter registration on our website
On our website, there is the possibility to subscribe to a free newsletter. When you register for the newsletter, the data from the input mask is transmitted to us, i.e. at least your e-mail address. The registration is carried out by means of the so-called double opt-in procedure.
After registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can register with other people’s e-mail addresses. For the processing of the data, your consent is obtained during the registration process and reference is made to this data protection notice. If you register for our newsletter, which informs you about our latest products and services, the personal data you provide in this context (such as name, address and e-mail address) will be processed by us for the purpose of sending you the newsletter.
b) Dispatch due to the sale of goods
If you purchase goods or services on our website, we may send you information on our own similar goods to your specified e-mail address even without your consent. The legal basis for this data processing is Art. 6 para. 1 p. 1 lit. f GDPR, because advertising related products and services by way of direct advertising represents a legitimate interest for us as the provider of this website. You may object to the processing of your personal data for the purpose of direct advertising at any time. We will then refrain from further processing for such purposes. You can send us your objection as described below. In addition, you can object to the sending of such newsletters at any time in the future without giving reasons by unsubscribing via the unsubscribe link at the end of each newsletter or by contacting us in any other way.
We would like you to enjoy reading our e-mails. Therefore, we try to only include content that you are likely to be interested in. We, therefore, measure and store opening and click-through rates in your usage profile, i.e. whether and when you open our emails, which content of the emails you click on and when, as well as whether and why our emails could possibly not be delivered. We also use this data for statistical purposes. In particular, this serves our legitimate interest to evaluate the performance of the individual newsletter campaigns and to define optimisation measures in order to make the newsletter as attractive and suitable as possible for you. The legal basis for the processing is therefore Art. 6 para. 1 lit. f GDPR.
Of course, you can unsubscribe from receiving our information at any time, i.e. revoke your consent with effect for the future or object to data processing. For this purpose, you will find a corresponding unsubscribe link in every mail or newsletter and can confirm the unsubscription on our website. You can also contact us for a cancellation at any time. Our Newsletter provider is ActiveCampaign LLC.
With the newsletter we inform you about us and our offers. If you would like to receive the newsletter, we require a valid email address from you as well as information that allows us to verify that you are the owner of the specified email address or that its owner agrees to receive the newsletter. In addition, we request your first name for the personalization of our newsletter, whereby this information is provided voluntarily. No other data is collected. This data is only used for sending the newsletter and will not be passed on to third parties. When you register for the newsletter, we store your IP address and the date of registration. This storage serves solely as proof in the event that a third party misuses an email address and registers to receive the newsletter without the knowledge of the authorized person. You can revoke your consent to the storage of data, the email address and its use for sending the newsletter at any time. The revocation can be done via a link in the newsletters themselves, in your profile area or by sending a message to the contact options above.
The following information explains the contents of our newsletter as well as the registration, dispatch and statistical evaluation process and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.
We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. Insofar as the contents of the Newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. In addition, our newsletters contain information about our products and our company (this may include, in particular, references to blog articles, lectures or workshops, our services or online presences).
Registration for our newsletter takes place in a so-called double opt-in process. This means that after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with other e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address.
The newsletter is sent by means of “Activecampaign”, a newsletter dispatch platform of the US provider ActiveCampaign, LLC, 150 N. Michigan Ave Suite 1230, Chicago, IL, US, USA.
The e-mail addresses of our newsletter recipients, as well as their other data described in this notice, are stored on ActiveCampaign’s servers in the USA. ActiveCampaign uses this information to send and evaluate the newsletter on our behalf. Furthermore, according to its own information, ActiveCampaign may use this data to optimize or improve its own services, e.g. to technically optimize the dispatch and display of the newsletters or for economic purposes to determine from which countries the recipients come. However, ActiveCampaign does not use the data of our newsletter recipients to write to them itself or pass the data on to third parties.
The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file that is retrieved from ActiveCampaign’s server when the newsletter is opened. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of the retrieval are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined with the help of the IP address) or the access times.
The statistical surveys also include the determination of whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor that of ActiveCampaign to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
In this context, we pointed out that cookies are used on the web sites of ActiveCampaign and thus personal data is processed by ActiveCampaign, their partners and employed service providers (e.g. Google Analytics). We have no influence on this data collection. remove. We also draw your attention to the options for objecting to the collection of data for advertising purposes on the web sites https://www.aboutads.info/choices/ and https://www.youronlinechoices.com / (for the European region).
You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. At the same time, your consent to the sending of the newsletter via ActiveCampaign and the statistical analyses will expire. A separate cancellation of the sending via ActiveCampaign or the statistical analysis is not possible. You will find a link to cancel the newsletter at the end of each newsletter.
CONTACTING US, REGISTRATION OR PLACING ORDERS
a) Contacting us
When you contact us, the data you provide will be stored by us based on Art. 6 (1) lit. b of the GDPR, insofar as it is necessary to answer your questions. The contact is logged in order to be able to prove the contact in accordance with the legal requirements. We delete the data accruing in this context when the respective conversation with you has ended and the facts concerned have been conclusively clarified.
On our website, we offer you the opportunity to register by providing personal data. The data is entered in an input mask and transmitted to us and stored. Registration is necessary in order to set up your customer account, which you can use to place orders and services. The processing of the data for this registration thus serves the fulfilment of the contract of use or the implementation of pre-contractual measures and is based on Art. 6 para. 1 lit. b GDPR. You can delete your customer account at any time on our website.
c) Storage of data in the user account
For the conclusion and processing of contracts, we require contact details, such as name, delivery and billing address and e-mail address, as well as information on the type of payment method you have chosen, depending on the individual case. You can store this data in your user account. In addition, we use your data to maintain our customer database so that only accurate data is stored there. In order to avoid typing errors and to ensure that the items you have ordered reach you, we check the completeness and accuracy of your address when you enter it.
Following your order, you will receive a corresponding order confirmation as well as further documents, which we are obliged to provide in order to fulfil our legal information obligations for an effective conclusion of a contract with you. The processing of your data is, therefore, necessary for the conclusion of the contract with you and is therefore based on Art. 6 para. 1 lit. b GDPR.
d) Guest order
You have the option to place your orders as a guest. If you choose this order type, you do not have to register before placing an order. Please note that you will have to enter your data again for each subsequent order.
We collect, process and use the information you provide in the context of a guest order for the purpose of executing the contract in accordance with Art. 6 Para. 1 lit. b GDPR. We store the information you provide for the period of processing and handling your order. Afterwards, your data will be deleted unless you decide to activate your customer account within 14 days after placing your order. Data that we are required to store due to legal, statutory or contractual retention obligations will be blocked instead of being deleted to prevent it from being used for other purposes.
f) Order confirmation
In order to process the contract and provide you with our services, for example the web shop or to send you a package for which a fee is charged, we use your contact details to send you registration confirmations, customer service information, order confirmations, contract documents or payment processing information. We are obliged to send you these documents in order to comply with our legal information obligations for an effective conclusion of a contract with you. The processing of your data is therefore necessary for the conclusion of the contract with you and is based on Art. 6 para. 1 lit. b GDPR.
Based on Art. 6 para. 1 lit. c and f GDPR, we use and store your personal data and technical information to the extent necessary to prevent or prosecute misuse or other illegal behaviour on our website, e.g. to maintain data security in the event of attacks on our IT systems. This also takes place insofar as we are legally obliged to do so, for example due to official or court orders, and for the exercise of our rights and claims as well as for legal defence.
DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
Your personal data will only be passed on if there is a legal obligation to do so or to service providers and partner companies that have been carefully selected in advance and are contractually obliged to comply with the requirements of data protection law.
a) Disclosure within affiliated companies pursuant to Art. 6 Para. 1 lit. b GDPR
We pass on your personal data for the conclusion and processing of contracts for offers on our website to affiliated companies. This is particularly necessary so that you can use all our offers. If you contact a store or our customer hotline with questions, complaints or returns as well as other complaints, they will also receive access to your order data in order to be able to process your request.
b)Disclosure to service providers according to Art. 6 para. 1 lit. b and f GDPR
For the operation and optimisation of our website and our services and for the processing of contracts, various service companies work for us, e.g. for central IT services or the hosting of our website, for the payment and delivery of products or for the dispatch of newsletters, to whom we pass on the data required for the fulfilment of the task (e.g. name, address).
Some of these companies act for us by way of commissioned processing and may therefore use the data provided exclusively in accordance with our instructions. In this case, we are legally responsible for appropriate data protection precautions at the companies we commission. We therefore agree on specific data security measures with these companies and monitor them regularly.
In contrast to order processing, in the following cases we transmit data to third parties for their own use in order to process the contract. In the case of payment for goods to the payment service provider specified when the order was placed. (Paypal, or Shopify Pay or GPay)
We do not collect or store any payment transaction information such as credit card numbers or bank details during the payment process. You only provide this information directly to the respective payment service provider.
c) Disclosure to other third parties pursuant to Art. 6 para. 1 lit. c and f GDPR
We will disclose your data to third parties or government agencies within the framework of existing data protection laws if we are legally obliged to do so, e.g. due to official or court orders, or if we are entitled to do so, e.g. because this is necessary for the prosecution of criminal offences or for the exercise and enforcement of our rights and claims.
If you choose the payment method “Google Pay” of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”), the payment will be processed via the “Google Pay” application of your mobile device running at least Android 4.4 (“KitKat”) and equipped with an NFC function by charging a payment card deposited with Google Pay or a payment system verified there (e.g., PayPal). For the release of payment via Google Pay in the amount of more than £25, the prior unlocking of your mobile end device by the respective verification measure set up (such as facial recognition, password, fingerprint or pattern) is required.
For the purpose of payment processing, the information you provide during the ordering process, together with information about your order, will be passed on to Google. Google then transmits your payment information stored in Google Pay in the form of a uniquely assigned transaction number to the source website, which is used to verify a payment that has been made. This transaction number does not contain any information about the real payment data of your payment means deposited with Google Pay, but is created and transmitted as a one-time valid numeric token. For all transactions via Google Pay, Google only acts as an intermediary to process the payment. The transaction is carried out exclusively in the relationship between the user and the source website by debiting the means of payment deposited with Google Pay.
Insofar as personal data is processed during the described transfers, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 (1) lit. b of the GDPR.
Google reserves the right to collect, store and evaluate certain transaction-specific information for each transaction made via Google Pay. This includes the date, time, and amount of the transaction, merchant location and description, a description of the goods or services purchased provided by the merchant, photos you have attached to the transaction, the name, and email address of the seller and buyer or sender and recipient, the payment method used, your description for the reason for the transaction and, if applicable, the offer associated with the transaction.
According to Google, this processing is carried out exclusively in accordance with Art. 6 para.1 lit. f GDPR on the basis of the legitimate interest in proper accounting, verification of transaction data and optimisation and functional maintenance of the Google Pay service.
Google also reserves the right to merge the processed transaction data with other information that is collected and stored by Google when using other Google services.
When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “payment by instalments” via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) as part of the payment processing. The transfer takes place in accordance with Art. 6 Para. 1 lit. b GDPR and only insofar as this is necessary for the payment processing.
For the payment methods credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “payment by instalments” via PayPal, PayPal reserves the right to carry out a credit check. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 (1) f GDPR on the basis of PayPal’s legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
We use the payment service provider Stripe. If you choose a payment method offered via the payment service provider Stripe Payments, the payment processing is carried out by the technical service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provided during the ordering process, together with information about your order (name, address, account number, bank sort code, credit card number if applicable, invoice amount, currency and transaction number).
Your data will only be passed on for the purpose of processing payments with Stripe Payments Europe Ltd. and only to the extent necessary for this purpose.You can find data protection information on Stripe Payments Europe Ltd. here: https://stripe.com/privacy
DATA TRANSFER TO THIRD COUNTRIES
If we use service providers in third countries, we take additional measures to ensure an adequate level of data protection for the transfer of personal data in accordance with Art. 44 of the GDPR and thus ensure that the transfer is generally permissible and that the special requirements for a transfer to a third country are met (e.g. by concluding EU standard contracts and additional guarantees, supplementary technical and organisational measures such as encryption or anonymisation).
Of course, you have rights with regard to the collection of your data, which we are pleased to inform you of herewith. If you would like to make use of one of the following free rights, a simple message to us will suffice. For your own protection, we reserve the right, in the case of an existing enquiry, to obtain further information necessary to confirm your identity and, if identification is not possible, to refuse to process the enquiry.
a) Right to information
You have the right to request information and/or copies of the personal data stored about you.
b) Right to rectification
You have the right to request that personal data relating to you be corrected and/or completed without delay.
c) Right to object to processing
You have the right to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defence of legal claims or you have lodged an objection to the processing.
d) Right to deletion
You have the right to request the erasure of your personal data stored by us, unless the exercise of the right to freedom of expression and information, the processing is necessary for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims.
e) Right to information
Where you have exercised the right to rectification, erasure or restriction of processing, we will notify all recipients to whom personal data relating to you has been disclosed of such rectification or erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.
f) Right to data portability
You have the right to have personal data that you have provided to us handed over to you or to a third party in a structured, common and machine-readable format. If you request the direct transfer of the data to another responsible party, this will only be done insofar as it is technically feasible.
g) Right of objection
Insofar as your personal data are processed on the basis of legitimate interests pursuant to Article 6 (1) (f) of the GDPR, you have the right to object to the processing at any time pursuant to Article 21 (1) of the GDPR.
If we process your for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing in accordance with Art. 21 (2) GDPR; this also applies to profiling insofar as it is related to such direct marketing.
h) Right to withdraw consent
You have the right to cancel your consent to the collection of data at any time with effect for the future. The data collected until the cancellation becomes legally effective will remain unaffected. Please understand that the implementation of your cancellation may take a little time for technical reasons and that you may still receive messages from us in the meantime.
i) Right to complain to a supervisory authority
If the processing of your personal data violates data protection law or if your data protection rights have otherwise been violated in any way, you may complain to the supervisory authority.
You can also exercise your rights of rectification and deletion most quickly, easily and conveniently by logging into your customer account and directly editing or deleting your data stored there.
j) Automated decision making including profiling
You have the right not to be subject to a decision based solely on automated processing which produces legal effects concerning you or similarly significantly affects you.
HOSTING AND CONTENT DELIVERY NETWORKS (CDN)
We use Shopify, a service of Shopify Inc, 150 Elgin St, 8th Fl, Ottawa, ON K2P 1L4, Canada, as our e-commerce platform. Shopify stores the personal data arising in the course of a purchase transaction on foreign servers and in the USA, in the case of data from the EEA and Switzerland primarily in Ireland by Shopify International Limited, 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32 Ireland.
This website is hosted by our external service provider (Shopify). The personal data collected on this website is stored on Shopify’s servers. This may include, but is not limited to, IP addresses, contact requests, meta and communication data, contractual data, contact data, names, website accesses and other data generated via a website.
Shopify is used for the purpose of fulfilling the contract with our potential and existing visitors and users and in the interest of a secure, fast and efficient provision of our online offer by a professional provider.
Shopify will only process your data to the extent necessary to fulfil its service obligations and follow our instructions regarding this data.
We use the Shopify Statistics feature on our website. This allows us to measure the reach of our website and provides us with statistical analysis of visitor behaviour on our website. The data is processed on servers of Shopify International Limited (Ireland), which we have commissioned with the processing.
The legal basis for the data processing in connection with the Shopify statistics function is Art. 6 (1) f GDPR and the processing serves our legitimate interest in the analysis of user behaviour on our website and the possible design according to requirements. You can object to this processing at any time in the cookie settings.
We only use Google Analytics with IP anonymization activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by the user’s browser is not merged with other data from Google.
You can also prevent the storage of cookies by Google Analytics by selecting the appropriate settings in your browser software. You can also prevent the collection of information generated by the cookie by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout. If you are visiting our website via a mobile device, you can deactivate Google Analytics by clicking on this link.
The data you enter on our social media pages, such as comments, videos, pictures, likes, public messages, etc. are published by the social media platform and are not used or processed by us for any other purpose at any time. We only reserve the right to delete content if this should be necessary. Where applicable, we share your content on our site if this is a function of the social media platform and communicate with you via the social media platform. The legal basis is our legitimate interest. The data processing is carried out in the interest of our public relations and communication.
If you wish to object to certain data processing over which we have an influence, please contact us. We will then examine your objection. If you send us a request on the social media platform, we may also refer you to other secure communication channels that guarantee confidentiality, depending on the response required. You always have the option of sending us confidential enquiries to our address stated in the imprint.
As already stated, where the social media platform provider gives us the opportunity, we take care to design our social media pages to be as data protection compliant as possible. With regard to statistics that the provider of the social media platform makes available to us, we can only influence these to a limited extent and cannot switch them off. However, we make sure that no additional optional statistics are made available to us.
DATA PROCESSING BY THE OPERATOR OF THE SOCIAL MEDIA PLATFORM
The operator of the social media platform uses web tracking methods. The web tracking can also take place regardless of whether you are logged in or registered with the social media platform. As already explained, we can unfortunately hardly influence the web tracking methods of the social media platform. We cannot, for example, switch this off.
Please be aware: It cannot be ruled out that the provider of the social media platform uses your profile and behavioural data, for example to evaluate your habits, personal relationships, preferences, etc. We have no influence on this. In this respect, we have no influence on the processing of your data by the provider of the social media platform.
Within our website, so-called “Facebook pixels” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), are used. With the help of the Facebook pixel, it is possible for Facebook to determine the visitors to our offer as a target group for the display of advertisements, so-called “Facebook ads”. Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our website. This means that with the help of the Facebook pixel we want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can also track the effectiveness of the Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad.
The Facebook pixel is directly integrated by Facebook when our web sites are accessed and can save a so-called cookie, i.e. a small file, on your device. If you subsequently log in to Facebook or visit Facebook while logged in, your visit to our website will be noted in your profile. The data collected about you is anonymous for us, so it does not allow us to draw any conclusions about the identity of the user. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible. The processing of the data by Facebook takes place within the framework of Facebook’s data usage policy. Accordingly, you can find more information on how the remarketing pixel works and generally on the display of Facebook ads, in Facebook’s data usage policy: https://www.facebook.com/policy.php.
You can object to the collection by the Facebook pixel and use of your data for the display of Facebook ads. To do so, you can visit the page set up by Facebook and follow the instructions there on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads or declare the objection via the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/ . The settings are platform-independent. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
We do not use automated decision-making or profiling.
DO NOT TRACK
Do Not Track is a privacy preference you can set in most browsers. We support Do Not Track because we believe that you should have genuine control over how your info gets used and our Platform responds to Do Not Track requests.
DO NOT SELL MY PERSONAL INFORMATION
We do not sell information that directly identifies you, like your name, address or phone records.
It is important that the data we hold about you is accurate and current, therefore please keep us informed of any changes to your personal data.
Our website is not intended for children, and we do not knowingly collect data relating to children. If you become aware that your Child has provided us with Personal Data, without parental consent, please contact us, and we take the necessary steps to remove that information from our server.
Our website contains links to the online offers of other providers. We hereby point out that we have no influence on the content of the linked online offers and the compliance with data protection regulations by their providers.
QUERIES AND COMPLAINTS
Any comments or queries on this policy should be directed to us. If you believe that we have not complied with this policy or acted otherwise than in accordance with data protection law, then you should notify us.
The following terms and conditions regulate the use and the claim for the shop offer under the domain zarski.art/shop (hereinafter referred to as “Shop”). The contractual partner and service provider (hereinafter referred to as “Seller”) is:
Jimmy J. Zarski
Internet address: zarski.art
VAT number: DE321073910
The seller provides his services on the basis of the terms and conditions in the version valid at the time of the conclusion of the contract. All offers of the shop can be changed without prior notice.
§1 GENERAL / DESCRIPTION OF THE SERVICE
The customer can purchase Presets and Editing Assets as a file as a file via the Shop (hereinafter referred to as “Products”). The Products can be selected by the Customer in the Shop, added to the shopping basket and subsequently purchased. The Products are available exclusively by download. The Seller does not assume any liability for compatibility. The following terms and conditions apply to the entire business relationship with the purchaser. The customer accepts them as binding for the present contract. The Purchaser agrees to receive electronic communication from us for contractual purposes, e.g. in the form of e-mails, and the Purchaser also agrees that the form of all consents and notices shall be preserved by the electronic communication, unless mandatory statutory provisions prescribe a different form. The customer waives the right to assert its own terms and conditions of purchase. These shall also not become part of the contract through our silence or through our delivery. All correspondence with us must be sent to the address given in the imprint of the homepage.
§ 2 CONCLUSION OF THE CONTRACT
The representations on our Internet pages are to be understood as an invitation to submit offers by way of order, i.e. the order is the offer to us to purchase the selected item(s) from us. A contract of sale is only concluded by our express acceptance of such an offer by the purchaser. Detailed information on the ordering process can be found under the menu item Order . By clicking the button “Pay Now” in the last step of the ordering process, the customer submits a binding offer to purchase the products in the shopping cart for download against payment. The Seller shall confirm receipt of the order to the Customer exclusively by e-mail to the address entered in the ordering process or stored in the Customer’s account. The payment process can either be carried out by prepayment/bank transfer or via external online payment service providers (PayPal and GPay ). For the services of external payment service providers, the terms and conditions of the respective provider apply, which can be accessed on the homepage of the respective provider. The prerequisite for a successful purchase transaction is the correct entry of the data requested by the customer. The customer completes the payment by clicking on the “Pay now” button (or the equivalent) on the website of the payment service provider after having registered or entered his personal data. After successful payment, the customer is returned to the shop where the purchased products can be downloaded in the customer account. After successful payment, a confirmation e-mail will be sent to the customer’s e-mail address and the download will be made available in the customer account. By making the ordered products available for download, the seller accepts the customer’s offer and the purchase contract is concluded. The purchase contract shall be deemed fulfilled by the Seller as soon as the product has been successfully downloaded for the first time.
§ 3 PRICES, DUE DATE AND PAYMENT, DEFAULT
Our prices are in the customers local currency, the prices stated in the shop are final prices, the statutory value added tax is included in the price. The purchase price is due immediately. Purchase on account is not possible. Should the buyer be in default of payment, we shall be entitled to demand interest on arrears in the amount of 5% above the base interest rate per annum announced by the Deutsche Bundesbank. Should we have incurred higher damages due to default, we shall be entitled to assert such damages. If the buyer is in default of payment for a delivery, we may withhold further deliveries without being in default. An express assertion of our right of retention is not required. The date of receipt of the payment by us or the date on which the payment is credited to the paying agent specified by us shall be decisive for the timeliness of payment, not the date of dispatch.
§ 4 DISPATCH
The articles are exclusively distributed as downloads, no shipping costs are incurred.
§ 5 CANCELLATION
The buyer is legally entitled to a right of cancellation. With regard to the right of cancellation and its consequences, a separate cancellation instruction will be issued and sent in text form upon conclusion of the order.
Expiry of the right of cancellation
In the case of contracts for digital content/goods that are not delivered on a physical data carrier (such as downloads), the right of withdrawal shall expire as soon as the seller has begun to perform the contract after the buyer has expressly consented to the seller beginning to perform the contract before the expiry of the withdrawal period and the buyer has confirmed his knowledge that by consenting to this he loses his right of withdrawal as soon as performance of the contract begins. The Buyer’s consent to the commencement and confirmation of the Buyer’s knowledge is given at the end of the ordering process on the Summary page (query by checkbox, tick box) before the order is sent to the Seller.
§ 6 RIGHTS OF USE
By purchasing, the customer acquires the simple, non-transferable, spatially and temporally unrestricted right to store, copy and listen to or view the purchased products as often as desired for exclusively personal and private use, not for commercial purposes. Purchased products may be copied onto various local storage devices, burned onto data carriers and used exclusively for private purposes. Any further use beyond the rights granted is not permitted. Commercial use and distribution of the products is not permitted. The saving and placing of purchased products in data networks is prohibited. The products are copyrighted material. When using the purchased products, the customer shall comply with the statutory provisions and the provisions of the German Copyright Act in its respective version. All rights of the authors to the protected works contained on the website are reserved. The Seller reserves the right to add digital watermarks to the products offered. Digital watermarks consist of imperceptible information that can be inserted into audio data, for example.
§ 7 RETENTION OF TITLE
Delivered products remain our property until full payment has been received. Insurance claims and claims for damages which the buyer acquires due to loss or damage to the products are hereby assigned to us. If the buyer is in default, he shall grant us access to the products in his possession at our request, send us a detailed list of the products, hand over the products to us and delete and destroy them on his premises.
§ 8 LIABILITY
Insofar as the customer makes use of services of the shop by using access data, the customer is responsible for keeping these secure and protected from access by third parties and is liable for every action taken with his access data (including payment of remuneration). If the customer suspects that unauthorised third parties have gained knowledge thereof, the personal password must be changed immediately and the seller informed. The customer undertakes not to use a collective e-mail address used by several users. In the event of infringements of the rights of third parties for which the customer is responsible, the customer shall be directly liable to these third parties. In the event of justified claims by third parties, the customer is obliged to indemnify the seller, unless he can prove that he is not responsible for the breach of duty that caused the damage. In the event of intent or gross negligence, the Seller shall be liable without limitation for all damages attributable thereto. Insofar as the attributable breach of duty by the Seller is due to simple negligence and an essential contractual obligation is culpably breached, the liability of the Seller shall be limited to the typical, comparable damage occurring in comparable cases. For loss of data for which the shop is responsible or consequential harm caused by a defect, the seller is only liable for damage attributable to data lost up to the last time the customer backed up the data, or up to the previous point in time at which the data backup would have had to be carried out. Liability for all damage, in particular loss of data and hardware faults at the customer’s which are caused by incompatibility of the hardware and software used by the customer with the seller’s shop system and for system faults which are caused by pre-existing configuration faults or old, unusable, not completely removed drivers, data or data fragments is excluded.
§ 9 BLOCKING
The Seller reserves the right to block the customer account in the event of misuse, breach of contractual duties and obligations as well as default of payment and not to allow a new registration.
§ 10 RIGHT OF WITHDRAWAL
We may withdraw from the contract if it transpires after conclusion of the contract that we have quoted prices which are lower than our actual purchase prices and we are not responsible for this circumstance because incorrect information has led to this. We may also withdraw from the contract if it transpires after conclusion of the contract that we have quoted prices for which we are not responsible because software errors have led to this. Our rights of rescission due to error shall remain unaffected by the rights of rescission described above. In the event of the aforementioned circumstances, the customer shall be informed immediately and any purchase prices paid shall be refunded without delay.
§ 11 LIABILITY FOR DEFECTS
The purchaser shall be entitled to the statutory claims under the German Civil Code in respect of defects in the object of sale. If there is a defect in the object of sale, the purchaser may first demand subsequent performance = the delivery of a defect-free object of sale. The defective purchased item delivered first must be proven by the buyer and reported to the seller in writing (e.g. by e-mail). If the supplementary performance fails, the purchaser may either reduce the purchase price in accordance with the defect or withdraw from the contract altogether. If the delivered product has obvious material defects, the buyer must report these defects to us within fourteen days of receipt of the product at the latest, stating the defects and referring to the order number. The relevant time for compliance with this notification period is not the date of receipt by us, but the postmark or the date of dispatch of the notice of defect. A defect is always obvious if it is noticeable without special attention. Delayed notification of such obvious defects shall result in the loss of warranty rights with regard to such defects. For non-obvious defects, on the other hand, the statutory limitation periods shall apply. If the buyer is a merchant within the meaning of the German Commercial Code.
§ 12 RETENTION AND SET-OFF
The buyer may only assert a right of retention if it is based on the same contractual relationship. He is only entitled to a set-off if we do not dispute the counterclaim or if it has been legally established. If the buyer is a merchant within the meaning of the German Commercial Code, his rights of retention are excluded.
§ 13 FOREIGN BUSINESS
All agreements with us are subject to German law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
§ 14 INTELLECTUAL PROPERTY
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ZARSKIART™, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable German and International intellectual property and other relevant laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by ZARSKIART™ .
§ 15 LINKS TO OTHER WEB SITES
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of ZARSKIART™ or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
§ 16 DISCLAIMERS
ZARSKIART™ makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
§ 17 AVAILABILITY OF THE WEB SITE
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. ZARSKIART™ accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
§ 18 LIMITATION OF LIABILITY
To the maximum extent permitted by law, ZARSKIART™ accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk. Nothing in these terms and conditions excludes or restricts ZARSKIART™ liability for death or personal injury resulting from any negligence or fraud on the part of ZARSKIART™ . Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
§ 19 NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
§ 20 NOTICES
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [ Insert Email address link ]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
§ 21 EFFECTIVENESS
The invalidity of one or more clauses of these terms and conditions shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by the statutory provisions.
§ 22 PLACE OF PERFORMANCE, PLACE OF JURISDICTION
The place of performance for all rights and obligations arising from the business relationship shall be determined in accordance with the statutory provisions. The exclusive jurisdiction of the court at our registered office (Feldkirchen-Westerham) is agreed for all disputes arising from the contract. Our right to assert our claims in court at another place of jurisdiction shall remain unaffected. We may also assert our claims against a customer who is not a merchant before the court at our registered office if he has no general place of jurisdiction in the Federal Republic of Germany or if he moves his place of residence or habitual abode out of this area after conclusion of the contract or if his place of residence or habitual abode is not known at the time of assertion of the claim in court.
§ 23 DATA PROTECTION
This website (referred to as the “Site”) is owned and operated by ZARSKIART™ of 21029 Hamburg, Germany (referred to as “Jimmy J. Zarski”, “we” or “us”).
WHAT ARE COOKIES AND SIMILAR TECHNOLOGIES?
A cookie is a small text file placed in your browser by a website. Cookies are used by most website for security purposes or to learn and improve how users navigate a website or to enable various features. For example, cookies may allow the website to remember your password, determine if this is your first visit to the website and how long you stayed on each page; determine if you were linked to the website from another website, and process other similar information.
Similar technologies, such as web beacons or pixel tags, typically work by using small files such as GIF or PNG that are opened on a page, in an ad or in an email. Requesting these files from a server reveals certain information, such as your browser type, IP address and other information. Tracking pixels (sometimes called web beacons) are electronic tags with a unique identifier that are embedded in website, online ads and/or emails and are used to provide usage information such as ad impressions or clicks, measure the popularity of digital pages and related advertising, and access user cookies.
We may also use these technologies to collect, analyse and correlate certain information with other tracking technologies relating to the devices you use to access the Digital site, such as IP addresses, browser type and version, browser language, operating system version, unique device identifiers and other information about your computers and/or mobile devices to the extent provided by your device, operating system or chosen configuration or selection. In certain cases, these technologies may be used to identify your device or browser through a common process known as “device fingerprinting”.
Other tracking technologies also include locally shared objects (also known as “Flash cookies”), HTML cookies or other tracking software that stores data on your device on behalf of third parties. These files may be installed on your computer by your browser or other software used by your browser. These files may be installed by us or a third party. In order to control the storage of data via this software, users may be required to change their preferences in the software itself, via a browser or by using special add-ons or plug-ins.
WHAT IS THE DIFFERENCE BETWEEN SESSION COOKIES AND PERSISTENT COOKIES?
All cookies have a time limit for which they are stored. Cookies are typically classified as “session cookies” or “persistent cookies” depending on how long they are stored. Session cookies remain in your browser while you are logged into a particular website, after which they “expire” or are deleted from your device when you leave the website, close the browser, or when you actively delete them. Persistent cookies remain on your device for an extended period of time, sometimes indefinitely, or until you actively delete them.
HOW CAN THESE TECHNOLOGIES AFFECT THE PROTECTION OF MY DATA?
WHAT COOKIES/TECHNOLOGIES DO YOU USE AND HOW DO YOU USE THEM?
Please note that certain cookies and technologies we use are subject to change without notice. We may use third party providers who use tools such as Google Analytics to improve our website analytics. You can find a list of the cookies currently used on our site below. If you have any questions about a particular cookie or other technology, you can contact us using firstname.lastname@example.org.
WHAT ARE THE TYPES OF COOKIES?
Essential Cookies/Strictly Necessary Cookies – These cookies are those cookies which a website could not operate without. These include cookies such as login cookies and shopping cart cookies.
Functional Cookies – These cookies recognise you when you return to a website, remember your preferences and provide enhanced, more personalised features.
Performance Cookies – Performance cookies, along with other information, allow websites to calculate the aggregate number of people using a website and which features of a website are the most popular. This information is generally used to improve the website and the way visitors are able to move around it.
Targeting Cookies – Targeting cookies (also known as advertising cookies) help us to deliver our adverts when you visit other websites, such as news websites. This is known as “retargeting”. This technique helps to ensure that the ads you receive are more relevant to you and your interests. These cookies help to measure the effectiveness of an ad and can also limit the number of times that you see an ad. These cookies are placed on your device by advertising networks that we and other advertisers work with to deliver ads. They remember what sites you visit and this information is shared with other ad networks to show you relevant ads.
What are the cookies we use?
Shopify sets this cookie to be used in connection with customer login.
Shopify sets this cookie to remember the user’s country of origin and populate the correct transaction currency.
Shopify sets this cookie to be used in connection with shopping cart.
Bigcommand LLC sets this cookie to to track usage of videos embedded from Bigcommand LLC.
Shopify installs this cookie to track landing pages.
This cookie is associated with Shopify’s analytics suite.
This cookie is associated with Shopify’s analytics suite.
This cookie is associated with Shopify’s analytics suite.
This cookie is associated with Shopify’s analytics suite.
This is a Shopify analytics cookie relating to marketing and referrals.
This is a Shopify analytics cookie relating to marketing and referrals.
This cookie is set by Facebook to display advertisements when either on Facebook or on a digital platform powered by Facebook advertising, after visiting the website.
HOW CAN I DELETE COOKIES OR WITHDRAW MY CONSENT?
You can control cookies, web beacons and tracking technologies or withdraw your consent to data collection in a number of ways. Many browsers allow you to change the settings so that the browser either allows or blocks the installation of cookies. You can delete all cookies stored by your browser via the privacy menu of your browser.
If you wish to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp or, if you are in the EU, http://www.youronlinechoices.eu/. For more information on how to control cookies or other options online, please visit http://www.allaboutcookies.org/manage-cookies.
Please note that most modern browsers include a “Do Not Track” feature that can help protect your privacy; however, our site do not currently respond to Do-Not-Track requests (third-party policies may vary).
UPDATES TO THIS POLICY