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INFORMATION ON DATA PROTECTION ON INSTAGRAM

1) Information on the collection of personal data and contact details of the responsible person


1.1 In the following, we inform you about the handling of your personal data. In this context, personal data is any data by which you can be personally identified.

Please check carefully what personal data you share with us via Instagram. Instagram is part of the Meta group of companies and shares infrastructure, systems and technology with Meta and other Meta companies (https://www.facebook.com/help/111814505650678?ref=dp). We expressly point out that Meta stores the data of the users of its services (e.g. personal information, IP address, etc.) and may also use this for business purposes. For more information on Meta's data processing on Instagram, please refer to Instagram's privacy policy at https://help.instagram.com/help/instagram/519522125107875/

We have no influence on the data collection and further processing by Meta. Furthermore, it is not apparent to us to what extent, where and for how long the data is stored, to what extent Meta complies with existing deletion obligations, what evaluations and links are made with the data and to whom the data is passed on. If you would like to avoid Meta processing personal data that you have provided to us, please contact us by other means. Our full contact details can be found in our imprint on Instagram.

1.2 The responsible party for data processing within the meaning of the General Data Protection Regulation (GDPR) is benuta GmbH, Hohe Str. 87, 53119 Bonn, Germany, Tel.: +49 (0) 228 - 96 96 89-5, Fax: +49 (0) 228 - 96 96 89-5, e-mail: info@benuta.com, insofar as we exclusively process the data transmitted to us by you via Instagram ourselves. Insofar as the data you provide to us via Instagram is also or exclusively processed by Meta, Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland, is also the responsible party for data processing within the meaning of the General Data Protection Regulation (GDPR) in addition to us.

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.


2. Data protection officer


You can reach our data protection officer as follows: "Dr. Ralf W. Schadowski, Krefelder Str. 121, 52070 Aachen, gdpr@benuta.com".

You can contact Meta's data protection officer via the online contact form provided at: https://www.facebook.com/help/contact/540977946302970


3. Data processing when contacting us


Manychat

To establish contact and communication, we use ManyChat, a chatbot integration of ManyChat Inc, 535 Everett Ave, Apt. 312, Palo Alto, CA 94301, USA ("ManyChat"). Our chatbot from ManyChat can be accessed via "Instagram Direct Messenger" and, depending on user preference, provides information about news and/or answers users' questions.

In the context of contacting us via ManyChat, personal data are processed that derive from the use of Instagram Direct Messenger. For the use of ManyChat, a registration on Instagram is necessary.

Thus, on the one hand, your Instagram ID is stored in our system. In addition, ManyChat stores the messages that you exchange with the chatbot. Instagram grants us access to your "public information", such as name, profile and cover picture, gender, networks, username and Instagram ID, which are stored on Instagram. We use this information solely to operate ManyChat in a way that allows, for example, a personalized approach. To our knowledge, the content of the conversations is not evaluated by third parties for advertising or market research purposes. We refer here to the terms of use of Instagram (https://help.instagram.com/581066165581870/?helpref=uf_share) as well as privacy policy of Instagram: https://help.instagram.com/help/instagram/519522125107875/

If your contacting aims at the conclusion of a contract or concerns the processing of an already concluded contract, the legal basis for the processing is Art. 6 (1) point b GDPR. In all other cases, the legal basis for processing is our legitimate interest in responding to your request pursuant to Art. 6 (1) point f GDPR. Your data will be deleted after final processing of your request.

We have concluded an order processing agreement with ManyChat, with which we oblige ManyChat to protect our customers' data and not to pass it on to third parties.

You can find more information on data protection when using ManyChat at: https://manychat.com/privacy.html


4. Rights of the data subject


4.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:

  • Right to access by the data subject pursuant to Art. 15 GDPR;
  • Right to rectification pursuant to Art. 16 GDPR;
  • Right to erasure pursuant to Art. 17 GDPR;
  • Right to restriction of processing pursuant to Art. 18 GDPR;
  • Right to be informed pursuant to Art. 19 GDPR;
  • Right to data portability pursuant to Art. 20 GDPR;
  • Right to withdraw a given consent pursuant to Art. 7(3) GDPR;
  • Right to lodge a complaint pursuant to Art. 77 of the GDPR.

4.2 RIGHT TO OBJECT


IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.

5) Duration of storage of personal data

The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and - if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).

If personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.

If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.

When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.

Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.

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