— Privacy Policy

The following Privacy Policy applies to the websites www.damianholmer.com, www.damianholmer.de and www.holmer.xyz (hereinafter referred to as the „Website“).

 

1. Data Protection at a Glance

General Information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data refers to any information that can be used to identify you personally. For detailed information on data protection, please refer to the Privacy Policy below.

Data Collection on This Website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. The operator’s contact details can be found in the Legal Notice.

How do we collect your data?

Some data is collected when you provide it to us. This may include, for example, information entered into a contact form.

Other data is collected automatically or with your consent when you visit this website. This primarily includes technical data such as your browser type, operating system, or the time of access. This information is collected automatically as soon as you access the website.

How do we use your data?

Some of the data is collected to ensure the proper functioning of the website. Other data may be used to analyze user behavior.

What rights do you have regarding your data?

You have the right at any time to obtain information free of charge about the origin, recipients, and purpose of your stored personal data. You also have the right to request the correction or deletion of this data.

If you have given consent to data processing, you may revoke this consent at any time with future effect. Furthermore, under certain circumstances, you have the right to request the restriction of the processing of your personal data. You also have the right to lodge a complaint with the competent supervisory authority.

If you have any questions regarding data protection, you may contact us at any time.

Analytics and Third-Party Tools

When you visit this website, your browsing behavior may be analyzed statistically. This is primarily carried out using analytics tools. Detailed information on these tools can be found in this Privacy Policy.

 
2. Hosting

We host the content of our website with the following provider:

Strato

The provider is Strato AG, Otto-Ostrowski-Straße 7, 10249 Berlin, Germany (hereinafter referred to as „Strato“). When you visit our website, Strato collects various log files, including IP addresses.

For further information, please refer to Strato’s Privacy Policy:

https://www.strato.de/datenschutz/

The use of Strato is based on Article 6(1)(f) GDPR. We have a legitimate interest in ensuring the reliable and secure presentation of our website.

Where consent has been requested, processing is carried out exclusively on the basis of Article 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent covers the storage of cookies or access to information on the user’s device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent may be withdrawn at any time.

Data Processing Agreement

We have entered into a Data Processing Agreement (DPA) with the above-mentioned provider. This agreement ensures that personal data of our website visitors is processed only in accordance with our instructions and in compliance with the GDPR.

 
3. General Information and Mandatory Disclosures

Privacy Policy

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with applicable data protection laws and this Privacy Policy.

When you use this website, various types of personal data are collected. Personal data refers to any information that can be used to identify you personally. This Privacy Policy explains what data we collect, how we use it, and for what purposes.

Please note that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

Information on the Data Controller

The data controller responsible for processing personal data on this website is:

Damian Holmer
Müllerstraße 47
80469 Munich
Germany

E-mail: info@damianholmer.com

The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).

Retention Period

Unless a more specific retention period is stated in this Privacy Policy, your personal data will remain with us until the purpose for processing no longer applies. If you submit a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible grounds for retaining your personal data (e.g. retention periods under tax or commercial law). In such cases, deletion will take place once these grounds no longer apply.

Legal Bases for Data Processing

If you have consented to data processing, we process your personal data on the basis of Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, where special categories of personal data are processed pursuant to Article 9(1) GDPR.

In the event of explicit consent to the transfer of personal data to third countries, processing is also carried out on the basis of Article 49(1)(a) GDPR.

Where consent includes the storage of cookies or access to information on your device (e.g. device fingerprinting), processing is additionally carried out on the basis of Section 25(1) TDDDG. Consent may be withdrawn at any time.

If your data is required for the performance of a contract or the implementation of pre-contractual measures, we process your data on the basis of Article 6(1)(b) GDPR.

Furthermore, we process your data where necessary to comply with a legal obligation on the basis of Article 6(1)(c) GDPR.

Data processing may also be carried out on the basis of our legitimate interests pursuant to Article 6(1)(f) GDPR. The relevant legal basis in each individual case is described in the following sections of this Privacy Policy.

Recipients of Personal Data

As part of our business activities, we cooperate with various external parties. In some cases, this requires the transfer of personal data to such parties.

We only disclose personal data where this is necessary for the performance of a contract, where we are legally obliged to do so, where we have a legitimate interest pursuant to Article 6(1)(f) GDPR, or where another legal basis permits the disclosure.

When using service providers acting as data processors, personal data is transferred only on the basis of a valid Data Processing Agreement (DPA). In the case of joint processing, a Joint Controller Agreement is concluded.

Withdrawal of Consent

Many data processing operations are only possible with your express consent. You may withdraw any consent previously given at any time. The lawfulness of processing carried out prior to the withdrawal remains unaffected.

Right to Object to Data Processing in Specific Cases and to Direct Marketing (Article 21 GDPR)

RIGHT TO OBJECT TO DATA PROCESSING IN SPECIFIC CASES AND TO DIRECT MARKETING (ARTICLE 21 GDPR)

If data processing is based on Article 6(1)(e) or (f) GDPR, you have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data. This also applies to profiling based on these provisions. The relevant legal basis for the processing can be found in this Privacy Policy.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or unless the processing serves the establishment, exercise or defence of legal claims (objection pursuant to Article 21(1) GDPR).

Where your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data relating to you for such marketing. This also applies to profiling insofar as it is associated with such direct marketing.

If you object, your personal data will no longer be used for direct marketing purposes (objection pursuant to Article 21(2) GDPR).

Right to Lodge a Complaint with a Supervisory Authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, particularly in the Member State of their habitual residence, place of work or the place of the alleged infringement. This right is without prejudice to any other administrative or judicial remedies.

Right to Data Portability

You have the right to receive data that we process automatically on the basis of your consent or in fulfilment of a contract in a commonly used, machine-readable format. You also have the right to request that this data be transferred directly to another controller, where technically feasible.

Access, Rectification and Erasure

Within the scope of applicable legal provisions, you have the right at any time to obtain, free of charge, information about your stored personal data, its origin, recipients and the purpose of processing. You also have the right to request the rectification or erasure of such data.

You may contact us at any time regarding these rights or any other questions concerning personal data.

Right to Restriction of Processing

You have the right to request the restriction of the processing of your personal data. You may contact us at any time for this purpose.

The right to restriction of processing applies in the following cases:

– If you contest the accuracy of your personal data stored by us, we generally require time to verify this. During the verification period, you have the right to request the restriction of processing.

– If the processing of your personal data is unlawful, you may request restriction of processing instead of erasure.

– If we no longer require your personal data, but you need it for the establishment, exercise or defence of legal claims, you may request restriction of processing instead of erasure.

– If you have objected pursuant to Article 21(1) GDPR, a balancing of interests must be carried out. Until it has been determined whose interests prevail, you have the right to request restriction of processing.

Where processing has been restricted, such personal data may only be processed, apart from storage, with your consent or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or a Member State.

SSL or TLS Encryption

This website uses SSL or TLS encryption for security reasons and to protect the transmission of confidential information, such as inquiries submitted to us via the website.

You can recognize an encrypted connection by the change in your browser’s address bar from “http://” to “https://” and by the lock symbol displayed in the browser.

When SSL or TLS encryption is enabled, any data transmitted to us cannot be read by third parties.

4. Data Collection on This Website

Cookies

Our website uses so-called „cookies.“ Cookies are small data files that do not cause any damage to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (persistent cookies). Session cookies are automatically deleted when you leave the website. Persistent cookies remain stored on your device until you delete them or your browser automatically removes them.

Cookies may originate from us (first-party cookies) or from third-party providers (third-party cookies). Third-party cookies enable the integration of certain third-party services within websites (e.g. services for payment processing).

Cookies serve various functions. Many cookies are technically necessary because certain website features would not function properly without them (e.g. shopping cart functions or video playback). Other cookies may be used to analyze user behavior or for marketing purposes.

Cookies required for the electronic communication process, for providing functions requested by the user, or for optimizing the website (necessary cookies) are stored on the basis of Article 6(1)(f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies to ensure the technically error-free and optimized provision of its services.

Where consent for the storage of cookies or comparable technologies has been requested, processing is carried out exclusively on the basis of that consent (Article 6(1)(a) GDPR and Section 25(1) TDDDG). Consent may be withdrawn at any time.

You may configure your browser to notify you when cookies are set, allow cookies only in individual cases, exclude cookies in specific cases or generally, and automatically delete cookies when closing the browser.

Disabling cookies may limit the functionality of this website.

Further information regarding cookies and services used on this website can be found in this Privacy Policy.

Server Log Files

The hosting provider automatically collects and stores information in so-called server log files, which your browser automatically transmits. This information includes:

– Browser type and browser version
– Operating system used
– Referrer URL
– Hostname of the accessing device
– Time of the server request
– IP address

This data is not combined with other data sources.

The collection of this data is based on Article 6(1)(f) GDPR. The website operator has a legitimate interest in ensuring the technically error-free presentation and optimization of the website. For this purpose, server log files must be collected.

Contact Form

If you submit inquiries via the contact form, we will store the information you provide, including the contact details entered, for the purpose of processing your inquiry and handling any follow-up questions. We will not share this information without your consent.

The processing of this data is based on Article 6(1)(b) GDPR where your inquiry relates to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of inquiries (Article 6(1)(f) GDPR) or on your consent (Article 6(1)(a) GDPR), where such consent has been requested. Consent may be withdrawn at any time.

The data entered into the contact form will remain with us until you request its deletion, withdraw your consent to its storage, or the purpose for processing no longer applies (e.g. once your inquiry has been fully resolved). Mandatory statutory provisions, in particular retention periods, remain unaffected.

Inquiries by E-mail, Telephone or Fax

If you contact us by e-mail, telephone or fax, your inquiry, including any personal data contained therein (e.g. name and inquiry details), will be stored and processed for the purpose of handling your request. We will not disclose this data without your consent.

The processing of this data is based on Article 6(1)(b) GDPR where your inquiry relates to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of inquiries (Article 6(1)(f) GDPR) or on your consent (Article 6(1)(a) GDPR), where such consent has been requested. Consent may be withdrawn at any time.

The data transmitted through contact requests will remain with us until you request its deletion, withdraw your consent to its storage, or the purpose for processing no longer applies (e.g. once your request has been fully resolved). Mandatory statutory provisions, in particular retention periods, remain unaffected.

5. Plugins and Tools

Google Analytics

This website uses Google Analytics 4 (GA4), a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland („Google“).

Google Analytics enables us to analyze the use of our website and better understand visitor behavior. The insights gained help us continuously improve the content, usability and technical performance of our website.

During your visit, the following information may be processed:

– Pages visited
– Achievement of website goals (e.g. contact requests)
– User behavior on the website (e.g. time spent on pages and clicks)
– Approximate location (country and city)
– IP address (stored only in truncated form)
– Technical information such as browser type, device, operating system and screen resolution
– Traffic source (e.g. referring website or search engine)
– A randomly generated user ID

No personal information such as your name, address or contact details is transmitted to Google Analytics.

The use of Google Analytics is based exclusively on your consent in accordance with Article 6(1)(a) GDPR and Section 25(1) TDDDG. Consent may be withdrawn at any time via the cookie settings.

We have entered into a Data Processing Agreement (DPA) with Google. This agreement ensures that personal data of our website visitors is processed solely in accordance with our instructions and in compliance with applicable data protection laws.

Data collected by Google Analytics may be transferred to servers of Google LLC in the United States. Google LLC is certified under the EU–U.S. Data Privacy Framework (DPF), which provides an adequate level of protection pursuant to Article 45 GDPR.

Google Analytics uses cookies that are stored in your browser. These cookies contain a randomly generated user ID that enables recognition during future visits.

The collected data is stored together with this user ID and may be used to create pseudonymous usage profiles. User-related data is automatically deleted after 14 months. Other data may remain stored in aggregated form.

You can prevent the collection of your data by Google Analytics by rejecting cookies via the cookie settings on this website or by using the browser add-on provided by Google to disable Google Analytics.

YouTube (Enhanced Privacy Mode)

This website embeds videos from YouTube. The provider is Google Ireland Limited („Google“), Gordon House, Barrow Street, Dublin 4, Ireland.

When you visit a page containing an embedded YouTube video, a connection to YouTube’s servers is established. In doing so, YouTube is informed which pages of this website you have visited.

If you are logged into your YouTube account, YouTube may associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account before visiting our website.

We use YouTube in enhanced privacy mode. According to YouTube, videos played in enhanced privacy mode are not used to personalize your browsing experience on YouTube. Advertisements displayed in enhanced privacy mode are also not personalized.

No cookies are set in enhanced privacy mode. However, local storage elements may be stored in the user’s browser. These elements may contain personal data similar to cookies and can be used for recognition purposes.

Further information about YouTube’s enhanced privacy mode can be found here:

https://support.google.com/youtube/answer/171780

In some cases, playing a YouTube video may trigger additional data processing operations over which we have no control.

The use of YouTube is in the interest of presenting our online content in an appealing manner. This constitutes a legitimate interest within the meaning of Article 6(1)(f) GDPR.

Where consent has been requested, processing is carried out exclusively on the basis of Article 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s device (e.g. device fingerprinting). Consent may be withdrawn at any time.

Further information on data protection at YouTube can be found in Google’s Privacy Policy:

https://policies.google.com/privacy

Google is certified under the EU–U.S. Data Privacy Framework (DPF). The DPF is an agreement between the European Union and the United States that ensures compliance with European data protection standards when personal data is processed in the United States. Every company certified under the DPF commits to complying with these standards.

Further information is available at:

https://www.dataprivacyframework.gov/participant/5780

Vimeo

This website uses plugins provided by Vimeo. The provider is Vimeo Inc., 555 West 18th Street, New York, NY 10011, USA.

When you visit a page containing a Vimeo video, a connection to Vimeo’s servers is established. Vimeo is informed which pages of this website you have visited. Vimeo also receives your IP address, even if you are not logged into Vimeo or do not have a Vimeo account. The information collected by Vimeo may be transferred to servers in the United States.

If you are logged into your Vimeo account, Vimeo may associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your Vimeo account.

To recognize website visitors, Vimeo uses cookies and comparable technologies such as device fingerprinting.

The use of Vimeo is in the interest of presenting our online content in an appealing manner. This constitutes a legitimate interest within the meaning of Article 6(1)(f) GDPR.

Where consent has been requested, processing is carried out exclusively on the basis of Article 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s device (e.g. device fingerprinting). Consent may be withdrawn at any time.

Transfers of personal data to the United States are based on the European Commission’s Standard Contractual Clauses (SCCs) and, according to Vimeo, on legitimate business interests.

Further details are available at:

https://vimeo.com/privacy

Further information on Vimeo’s processing of personal data can be found in Vimeo’s Privacy Policy:

https://vimeo.com/privacy

Vimeo is certified under the EU–U.S. Data Privacy Framework (DPF). Every company certified under the DPF commits to complying with European data protection standards.

Further information is available at:

https://www.dataprivacyframework.gov/participant/5711.

Source: https://www.e-recht24.de