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Privacy Policy

Data Privacy Statement

Privacy Statement
Thank you very much for your interest in our company. Data protection is regarded as highly important by us. In principle, it is possible to use these internet pages without providing any personal data. However, if a data subject wishes to use this website in order to access particular services provided by our company, it may become necessary to process personal data. If the processing of personal data is necessary and there is no relevant statutory basis available for this, we will generally obtain consent from the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject shall always be in accordance with the General Data Protection Regulation (GDPR), and with the country-specific data protection regulations to which our company is subject. Our company uses this Privacy Statement to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. This Privacy Statement will also inform data subjects of the rights to which they are entitled.
As the controller, our company has implemented a whole range of technical and organizational measures to ensure the most seamless possible protection of personal data processed through this website. Data transmission via the Internet can nevertheless be exposed to gaps in security, meaning that it is not possible to guarantee absolute protection. For this reason, every data subject may also transfer personal data to us via alternative methods, such as over the telephone.
 
1. Definitions
Our Privacy Statement uses terminology employed by the European regulators in the enactment of the General Data Protection Regulation (EU GDPR). Our data protection declaration is designed to be legible and understandable for the general public, as well as our customers and business partners. To ensure this is the case, we would like to begin by explaining some of the terminology employed.
The following are some of the terms we use in this Privacy Statement:
a)    Personal data
‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, 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.
b)    Data subject
A ‘data subject’ is every identified or identifiable person whose personal data is used for processing by the controller.
c)    Processing
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of 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.
d)    Restriction of processing
‘Restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future.
e)     Pseudonymisation
‘Pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such 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.
F)    Controller or controller responsible for the processing
‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. 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.
g)    Processor
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
h)      Recipient
‘Recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data within the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
i)      Third party
‘Third party’ means 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.
j)   Consent
‘Consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
 
2. Name and address of the controller
The controller within the definition of the General Data Protection Regulation, other data protection laws applicable within the Member States of the European Union, and other regulations with a data protection character, is:
Amscan Europe GmbH
Dettinger Str. 148
D-73230 Kirchheim/Teck
Germany
Tel.: +49 7021 926 0
email: info@eu.amscan.com
Website: www.amscan-europe.com
 
3. Name and address of the Data Protection Officer
The controller’s Data Protection Officer is:
Hans Joachim Dionisius
Data Protection
Staufenstraße 5
73773 Aichwald
Tel: +49 711 364634
Mobile: +49 163 9781678
E-mail hjdionisius@arcor.de
Any data subject may, at any time, contact our Data Protection Officer directly for all questions and comments they have concerning data protection.
 
4. Cookies
Our web pages use cookies. Cookies are text files that are stored in a computer system via an internet browser.
Numerous internet sites and servers use cookies. Many cookies contain a so-called “cookie ID”. A cookie ID is a unique identifier of the cookie. It comprises a character string through which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited internet sites and servers to differentiate the individual browser of the data subject from other internet browsers containing other cookies. A specific internet browser can be recognized and identified using the unique cookie ID.
Cookies enable us to provide the users of this website with more user-friendly services that would not be otherwise possible without the use of cookies.
By means of a cookie, the information and offers on our website can be optimized in line with the user's requirements. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that incorporates cookies does not have to enter their log-in data each time the website is accessed, because this information is transferred to the website via the cookie stored on the user’s computer system. Another example is the cookie used for a shopping cart in an online shop. The cookie enables the online store to remember the items that a customer has placed in the virtual shopping cart.
The data subject may, at any time, block the use of cookies through our website by setting their internet browser appropriately to enable them to permanently deny the use of cookies. Furthermore, cookies already set may be deleted at any time via an internet browser or other software programmes. This is possible in all standard internet browsers. If the data subject blocks cookies from their internet browser, it may be that they will not be able to use all of the functions of our internet site.
 
5. Tracking programmes
This website uses the “Google Analytics” services provided by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA), for the purpose of analysing users’ usage of the website. The service uses cookies, which are text files placed on your terminal device. In the standard case, the information collected by the cookies is generally transmitted to and stored on a Google server located in the USA.
This website employs IP anonymisation. The user’s IP address will be truncated within the Member States of the EU and the European Economic Area. This truncation prevents your IP address from being linked to you personally. Within the terms of the contract data processing agreement concluded between the website operator and Google Inc., Google Inc. uses the collected information to perform an analysis of website usage and activity, together with other services connected with the use of the internet.
You can block the storage of cookies on your terminal device by adjusting the appropriate settings in your browser. We cannot guarantee that you will have unlimited use of the website functions if you set your browser to block cookies.
You also have the option of using a browser plug-in to prevent Google Inc. from receiving and using the information collected by cookies (including your IP address). Click on the following link for the relevant plug-in: https://tools.google.com/dlpage/gaoptout?hl=de
Further information on how Google Inc. uses data can be found here: https://support.google.com/analytics/answer/6004245?hl=de
 
 
6. Collection of general data and information
Our online site collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in server log files. The information collected can include the browser types and versions used, the operating system used by the accessing system, the website from which an accessing system reaches our website (“referrers”), the sub-websites, the date and time of access to the internet site, an internet protocol address (IP address), the internet service provider of the accessing system, and any other similar data and information that may be used in the event of attacks on our information technology systems.
We do not make any connections or conclusion regarding data subjects when using this general data and information. Rather, this information is needed to deliver the content of our website correctly, optimize the content of our website as well as its advertisement, ensure the long-term viability of our information technology systems and website technology, and provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. We anonymously analyse collected data and information statistically, with the aim of increasing the data protection and data security of our company, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.
 
7. Contact methods via the website
In response to statutory regulations, this website contains information that enables our company to be contacted quickly via electronic means, as well as direct communication with us, including a general address for our electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller is stored for the purpose of processing or contacting the data subject. This personal data will not be passed to third parties.
 
8. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with legal requirements.
 
9. Rights of the data subject
 
a)    Right to confirmation
Every data subject shall have the right granted by the European regulator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, they can at any time contact our Data Protection Officer or other employee, for this purpose.
 
 
Every data subject shall have the right granted by the European legislator to obtain free information from the controller about his or her personal data stored at any time and a copy of this information. The European regulator has granted the data subject the right to receive the following information:
  • the purposes of the processing
  • the categories of personal data processed
  • the recipients or categories of recipient to whom the personal data have been or will
    be disclosed, in particular recipients in third countries or international organisations
  • where possible, the envisaged period for which the personal data will be stored, or, if
    not possible, the criteria used to determine that period
  • the existence of the right to request from the controller rectification or erasure of
    personal data or restriction of processing of personal data concerning the data subject
    or to object to such processing
  • the right to lodge a complaint with a supervisory authority
  • where the personal data is not collected from the data subject, any available
    information as to their source
  • the existence of automated decision-making, including profiling, referred to in
    Article 22(1) and (4) and, at least in those cases, meaningful information about the
    logic involved, as well as the significance and the envisaged consequences of such
    processing for the data subject
Furthermore, the data subject shall have the right to be informed whether or not personal data is transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right to information, they can at any time contact our Data Protection Officer or another employee, for this purpose.
 
c)    Right to rectification
The data subject shall have the right granted by the European regulator, to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right of rectification, they can at any time contact our Data Protection Officer or other employee, for this purpose.
 
d)    Right to erasure (right to be forgotten)
The data subject shall have the right granted by the European regulator, to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies and insofar as the processing is not necessary:
  • The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent on which the processing was based according to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, and there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data has been unlawfully processed.
  • The personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, he or she may, at any time, contact our Data Protection Officer or another employee. Our Data Protection Officer will promptly ensure that the erasure request is complied with immediately.
 
e)    Right to restriction of processing
Every data subject shall have the right, granted by the European regulator, to obtain from the controller restriction of processing where one of the following conditions apply:
  • the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.
  • the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by our company, he or she may at any time contact our Data Protection Officer. The Data Protection Officer will arrange the restriction of the processing.
 
f)    Right to data portability
Every data subject shall have the right, granted by the European regulator, to receive the personal data concerning him or her, which he or she has 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 have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and the processing is carried out by automated means, provided the 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.
Furthermore, the data subject shall have the right to have the personal data transmitted directly from one controller to another in accordance with Art. 20 (1) GDPR where technically feasible, and provided this does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer or other employee.
 
g)    Right to object
The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR. This also includes profiling based on those provisions.
We shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claim.
If we process personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to our company processing for direct marketing purposes, we will no longer process the personal data for such purposes.
Furthermore, where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to assert the right to object, the data subject may at any time contact the Data Protection Officer directly. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may furthermore exercise his or her right to object by automated means using technical specifications.
 
h)    Automated individual decision-making, including profiling
Each data subject shall have the right, granted by the European regulator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided the decision is not necessary for entering into, or performance of, a contract between the data subject and a data controller, or is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or is based on the data subject’s explicit consent.
If the decision is necessary for entering into, or performance of, a contract between the data subject and the data controller or is based on the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact our Data Protection Officer for this purpose.
 
i)      Right to withdraw consent
Every data subject shall have the right, granted by the European regulator, at any time to withdraw his or her consent to the processing of his or her personal data.
If a data subject wishes to exercise this right to withdraw consent, they can at any time contact our Data Protection Officer or other employee of the controller for this purpose.
 
10. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the implementing of the application procedure. The processing may also be carried out by electronic methods. This is the case, in particular, if an applicant submits corresponding application documents by email or by means of an online form on the website to the controller. If the controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded between the applicant and the controller, the application documents shall be automatically erased three months after notification of the rejection, provided there are no other overriding legitimate interests on the part of the controller to oppose the erasure. Another example of legitimate interest in this relation is a burden of proof in a procedure pursuant to the General Equal Treatment Act (Gleichbehandlungsgesetz, AGG).
 
 
11. Data protection provisions concerning the application and use of YouTube
The controller has integrated YouTube components into this website. YouTube is an internet video portal that enables, free of charge, video publishers to upload video clips and other users to view, review and comment on them. YouTube allows users to publish all kinds of videos, so they can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the internet portal.
YouTube is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
With each retrieval of one of the individual pages of this internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube is available under https://www.youtube.com/yt/about/de/. As part of this technical procedure, YouTube and Google will obtain knowledge regarding what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject is logged in on YouTube at the time of the retrieval of our website; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before connecting to our website.
YouTube’s data protection provisions, available under https://www.google.com/intl/en/policies/privacy/, provide information regarding the collection, processing and use of personal data by YouTube and Google.
 
12. Legal basis for the processing
Our company uses Art. 6 I point a GDPR as the legal basis for data processing procedures, for which we obtain consent for the specific purpose. If the processing is necessary for the performance of a contract to which the data subject is party, as is the case with data processing that is necessary for the delivery of goods or the performance of another service or for counter-performance, the processing here is performed on the basis of Art. 6 I point b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If the processing of personal data is necessary for compliance with a legal obligation to which we are subject, such as the fulfilment of tax-related obligations, the processing shall be based on Art. 6 I point c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor was injured in our company and his or her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other such third party. In that case the processing would be based on Art. 6 I point d GDPR. Finally, data processing may be based on Art. 6 I point f GDPR. Processing is performed on this basis if it is not encompassed by another of the aforementioned legal bases, but is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. It considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
 
13. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6 I point f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.
 
14. Period for which the personal data will be stored
The criterion used to determine the storage period of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely erased, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
 
15. Provision of personal data as statutory or contractual requirement; requirement necessary to enter into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We would like to point out to you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, meaning we are required to subsequently process this data. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The failure to provide the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer will explain to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

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