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privacy policy

Privacy Policy

This privacy policy provides information about the processing of personal data on the website www.birds-nest.eu.

DEY RUSH UG (limited liability)
Brandstwiete 46,
20457 Hamburg

Represented by:
Justin Tyler Dettmering

Contact:

TEL: +49 40 18079765
E-MAIL: kontakt@dey-rush.com
WEBSITE: www.dey-rush.com

Commercial Register Entry:
Registered in the Commercial Register.
Register Court: Hamburg
Registration Number: HRB 187547

VAT Identification Number pursuant to § 27a of the German VAT Act:
DE 369244572

Tax Number:
48/714/05706

Responsible for content in accordance with § 55 para. 2 RStV:
Justin Tyler Dettmering

Website Contact Person:
Justin Tyler Dettmering

Notice on Dispute Resolution under Regulation (EU) No. 524/2013
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at www.ec.europa.eu/consumers/odr. Dey Rush UG has summarized in this privacy policy, in compliance with the General Data Protection Regulation (GDPR), the conditions under which personal data is processed on this website.

In general, the use of the website www.fusionframedesign.com is possible without providing personal data. However, certain settings may be required to disable specific services mentioned in this privacy policy. If specific services on this website are used, the transmission of personal data may occur. Details are outlined in the subsequent sections of this privacy policy. Some terms used in this privacy policy are defined below.

 

Controller
Dey Rush UG

 

Personal Data
All data relating to an identified or identifiable person, see Art. 4 GDPR.

 

Processing
Operations performed with or without automated means, such as collecting, recording, organizing, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing by transmission, dissemination, or otherwise making available, aligning, combining, erasing, or destroying personal data.

 

Consent
An explicit declaration by the data subject indicating agreement with the processing of personal data.

 

Deletion
Complete removal of all traces of data, ensuring it cannot be recovered.

 

Blocking
Restriction of the processing of personal data, where legal retention obligations or other statutory requirements prevent the controller from deleting personal data.

 

Recipient
The target (person, company) to whom personal data is transferred, if applicable.

 

Name and Address of the Controller
The controller within the meaning of data protection law is:
Dey Rush UG

 

Data Protection Officer
Currently, we are not legally required to appoint a data protection officer.

 

General Information on Data Processing

  1. Scope of Processing Personal Data
    We process personal data of our users only to the extent necessary to provide a functional website and our content and services. Processing personal data regularly takes place only with the consent of the user. An exception applies in cases where obtaining prior consent is not feasible, and processing is permitted by legal provisions.
     

  2. Legal Basis for Processing Personal Data
     

  • If we obtain the consent of the data subject for processing, Art. 6(1)(a) GDPR serves as the legal basis.

  • For processing required to fulfill a contract to which the data subject is a party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to pre-contractual measures.

  • For processing necessary to comply with a legal obligation, Art. 6(1)(c) GDPR serves as the legal basis.

  • If vital interests of the data subject or another natural person necessitate processing, Art. 6(1)(d) GDPR serves as the legal basis.

  • If processing is necessary to safeguard legitimate interests of our company or a third party, and these interests outweigh the interests, rights, and freedoms of the data subject, Art. 6(1)(f) GDPR serves as the legal basis.

  1. Collaboration with Third Parties
    In the context of processing personal data, these may be transmitted to third parties, including our processors. Such transmission occurs only if legally permitted, based on user consent, a legal obligation, or our legitimate interests pursuant to Art. 6(1)(f) GDPR. If third parties process data on our behalf, this occurs in accordance with Art. 28 GDPR.
     

  2. Processing in Third Countries
    It is possible that personal data will be transferred to third countries, including outside the EU, as part of our processing activities. If so, this is based on legitimate interests, user consent, fulfillment of (pre)contractual obligations, or legal requirements. Processing in third countries is conducted in compliance with Art. 44 GDPR, ensuring adherence to the EU's data protection standards, such as through the Privacy Shield in the US or specific contractual commitments.
     

  3. Data Deletion and Storage Duration
    Personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases. Further storage is permitted only if required by European or national legislation in EU regulations, laws, or other provisions applicable to the controller. Data will also be blocked or deleted once statutory retention periods expire unless further storage is necessary for contract performance, fulfillment of a legal obligation, or other legitimate purposes.
     

  4. SSL Encryption
    This site uses SSL encryption for security and to protect the transmission of confidential content, such as inquiries sent to us as the site operator. An encrypted connection is indicated by the browser's address bar changing from "http://" to "https://" and by a lock symbol in the browser's address bar. If SSL encryption is activated, data transmitted to us cannot be read by third parties.
     

 

Provision of the Website and Creation of Log Files

1. Description and Scope of Data Processing

Every time our website is accessed, our system automatically collects data and information from the computer system of the accessing device.
The following data is collected:

  1. Information about the browser type and version used

  2. The user's operating system

  3. The user's internet service provider

  4. The user's IP address, possibly the previously visited website

  5. Date and time of access

  6. Websites from which the user's system accesses our website

  7. Websites accessed by the user's system via our website

The data is also stored in the log files of our system. No storage of this data alongside other personal data of the user takes place.

2. Legal Basis for Data Processing

The legal basis for the temporary storage of data and log files is Article 6(1)(f) of the GDPR.

3. Purpose of Data Processing

The temporary storage of the IP address by the system is necessary to deliver the website to the user's computer. For this purpose, the user's IP address must be stored for the duration of the session. Storing data in log files ensures the functionality of the website, optimizes the website, and secures our IT systems. The data is not used for marketing purposes. These purposes also constitute our legitimate interest in data processing under Article 6(1)(f) of the GDPR.

4. Objection and Removal Options

The collection of data for website provision and the storage of data in log files is essential for operating the website. Users, therefore, have no option to object.

 

Hosting Services

We utilize hosting services provided by a third-party partner (recipient of data) to deliver this website and associated services. In the course of hosting, personal data, particularly data from log files, cookies, and communication data from contact forms, are processed.
The purpose of this processing is to provide the online offering, which also constitutes our legitimate interest in data processing as per Article 6(1)(f) of the GDPR.
The data is deleted as soon as it is no longer required for the provision of the offering. Users have no option to object. A data processing agreement under Article 28 GDPR has been concluded with the hosting partner.

 

Use of Cookies

1. Description and Scope of Data Processing

Our website uses cookies. Cookies are text files stored in or by the internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a unique string of characters that allows the browser to be identified during subsequent visits.
We use cookies to make our website more user-friendly. Some elements of our website require the browser to be recognized after changing pages.
If you do not wish cookies to be stored, please adjust the settings in your browser. Please note that this may limit the functionality of the website.

2. The following data is stored and transmitted in cookies:

Examples include:

  1. Language settings

  2. Items in a shopping cart

  3. Login information

If technically non-essential cookies are also used:
We also use cookies on our website to analyze user behavior.
The following data can be transmitted:
Examples include:

  1. Search terms entered

  2. Frequency of page views

  3. Use of website functions

The data collected in this way is pseudonymized through technical measures, preventing it from being linked to the accessing user. The data is not stored alongside other personal data of users.
When accessing our website, users are informed via a banner about the use of cookies for analysis purposes and referred to this privacy policy. Users are also informed about how to prevent the storage of cookies via their browser settings.

 

1. b) Legal Basis for Data Processing

The legal basis for the processing of personal data using cookies is Art. 6(1)(f) GDPR. The legal basis for the processing of personal data using technically necessary cookies is Art. 6(1)(f) GDPR. The legal basis for the processing of personal data using cookies for analytical purposes, where user consent has been obtained, is Art. 6(1)(a) GDPR.

 

1. c) Purpose of Data Processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

We use cookies for the following applications:
Examples may include:
(1) Shopping cart
(2) Retention of language settings
(3) Saving of search terms

The user data collected through technically necessary cookies is not used to create user profiles. The use of analytical cookies is aimed at improving the quality of our website and its content. Analytical cookies allow us to understand how the website is used, helping us to continuously optimize our offerings. This purpose also constitutes our legitimate interest in processing personal data under Art. 6(1)(f) GDPR.

 

1. d) Duration of Storage, Objection, and Removal Options

Cookies are stored on the user's computer and transmitted from it to our site. As a user, you therefore have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transfer of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to fully use all its functions. The transmission of Flash cookies cannot be controlled via the browser settings but can be prevented by changing the settings of the Flash Player.

 

Google Analytics

1. Description and Scope of Data Processing

We use Google Analytics on our website. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA, 94043, USA. Google uses cookies (see above). The information generated by these cookies is transferred to a Google server in the USA and stored there. Google ensures compliance with data protection regulations and is certified under the Privacy Shield Agreement.
We use Google Analytics with IP anonymization activated, where the IP address is truncated. Only in exceptional cases is the full IP address transferred to the USA and truncated there.

 

2. Legal Basis for Data Processing

The legal basis for the processing of data is Art. 6(1)(f) GDPR.

 

3. Purpose of Data Processing

The processing of personal data is intended to improve our online presence and analyze user behavior on our website. Google generates evaluations of the usage data and provides additional services to us. Google does not combine the transferred IP address (or parts thereof) with other personal data.

 

4. Duration of Storage

The data is deleted as soon as it is no longer necessary for the purpose for which it was collected. For personal data collected via contact forms or sent via email, this is the case when the respective conversation has ended, or when a contract or pre-contractual measure associated with the contact has been completed, provided no legal retention periods apply. Conversations are deemed ended when the circumstances indicate that the matter has been resolved.
We routinely review the necessity of data processing every two years and adhere to statutory retention periods.

 

5. Objection and Removal Options

Users can disable cookies in their browser settings, which may limit the website's functionality. You can prevent the collection of data generated by cookies related to your use of the online offering, as well as the processing of such data by Google, by downloading and installing the browser plug-in available via the following link:

Further information on how Google uses data for advertising purposes, as well as settings and objection options, can be found on Google's websites:

  • "How Google uses information from sites or apps that use our services"

  • "How Google uses data for advertising purposes"

  • "Manage information Google uses to show you ads"

  • "Decide what ads Google shows you"

 

Social Plug-Ins

We use various social plug-ins on our website, which both collect and transfer personal data to their respective providers.
We utilize the following social plug-ins based on our legitimate interests (i.e., interest in analyzing, optimizing, and economically operating our website in accordance with Art. 6(1)(f) GDPR):

 

1. Use of Facebook Social Plug-Ins

Our pages integrate plug-ins from the social network Facebook, provided by Facebook Inc., 1 Hacker Way, Menlo Park, CA, 94025, USA. A list of Facebook plug-ins can be found here: Facebook plug-ins.
Facebook guarantees compliance with European data protection standards and is certified under the EU-US Privacy Shield Agreement.

When you access such a plug-in, a direct connection to Facebook servers is established, which may be located in Europe or the USA. The plug-in's content is directly transmitted from Facebook to the user's device and integrated into the online offering. This allows user profiles to be created from the processed data.

We have no control over the extent of data collected by Facebook through this plug-in. According to our knowledge, the following data may be collected:

  • Further data combinations may occur, especially if you have a Facebook profile and are logged in there.

  • Even without an account, your IP address and access time are usually recorded.

Details on data collection, further processing, and use by Facebook, as well as your rights and settings to protect your privacy, can be found in Facebook’s data protection guidelines.

If you do not wish Facebook to collect data through our online offering and link it to your Facebook account, you must log out of Facebook and delete your cookies before using our website.

 

Rights of the Data Subject

If your personal data is processed, you are considered a data subject under the GDPR and are entitled to the following rights with respect to the controller:

 

1. Right to Access

You may request confirmation from the controller as to whether personal data concerning you is being processed.
If such processing exists, you may request information on:
(1) The purposes of processing;
(2) The categories of personal data processed;
(3) The recipients or categories of recipients who have received or will receive your data;
(4) The planned duration of storage, or if concrete information is not possible, criteria for determining storage duration;
(5) The existence of a right to rectify or erase personal data, restrict processing, or object to processing;
(6) The existence of a right to lodge a complaint with a supervisory authority;
(7) Any available information on the source of the data if it was not collected from you;
(8) The existence of automated decision-making, including profiling, per Art. 22(1) and (4) GDPR, and meaningful information on the logic involved, as well as the significance and potential consequences of such processing.

Additionally, you have the right to know whether your data is transferred to a third country or international organization and can request information on safeguards under Art. 46 GDPR.

  1. Right to Rectification
    You have the right to request the rectification and/or completion of inaccurate or incomplete personal data concerning you from the data controller. The data controller must carry out the rectification without undue delay.

  2. Right to Restriction of Processing
    You may request the restriction of processing of your personal data under the following conditions:
    (1) if you contest the accuracy of the personal data concerning you for a period that allows the data controller to verify the accuracy of the data;
    (2) if the processing is unlawful and you oppose the deletion of the personal data and instead request the restriction of its use;
    (3) if the data controller no longer needs the personal data for processing purposes but you require it for the establishment, exercise, or defense of legal claims;
    (4) if you have objected to the processing under Article 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the data controller override your interests.
    If the processing of your personal data has been restricted, such data – aside from storage – may only be processed with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of significant public interest of the Union or a Member State.
    If the restriction of processing is lifted based on the above-mentioned conditions, you will be informed by the data controller before the restriction is lifted.

  3. Right to Erasure
    a) Obligation to Erase
    You may request that the data controller erase personal data concerning you without undue delay, and the data controller is obliged to erase such data without undue delay if one of the following reasons applies:
    (1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
    (2) You withdraw your consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) GDPR, and there is no other legal basis for processing.
    (3) You object to the processing according to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing according to Article 21(2) GDPR.
    (4) The personal data concerning you has been processed unlawfully.
    (5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the data controller is subject.
    (6) The personal data concerning you was collected in relation to services offered by the information society under Article 8(1) GDPR.
    b) Information to Third Parties
    If the data controller has made personal data concerning you public and is obliged to erase it according to Article 17(1) GDPR, the data controller, taking into account available technology and implementation costs, will take reasonable steps, including technical measures, to inform data controllers who process the personal data that you, as the data subject, have requested the erasure of all links to, or copies or replications of, such personal data.
    c) Exceptions
    The right to erasure does not apply if the processing is necessary:
    (1) for exercising the right to freedom of expression and information;
    (2) for compliance with a legal obligation requiring processing under Union or Member State law to which the data controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;
    (3) for public health reasons in accordance with Article 9(2)(h) and (i) and Article 9(3) GDPR;
    (4) for archiving purposes in the public interest, scientific or historical research, or statistical purposes under Article 89(1) GDPR, where the right to erasure is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
    (5) for the establishment, exercise, or defense of legal claims.

  4. Right to Notification
    If you have exercised your right to rectification, erasure, or restriction of processing, the data controller is obliged to inform all recipients to whom the personal data has been disclosed of such rectification, erasure, or restriction, unless this proves impossible or involves a disproportionate effort. You have the right to be informed by the data controller about these recipients.

  5. Right to Data Portability
    You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, commonly used, and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the data controller to whom the personal data have been provided, where:
    (1) the processing is based on consent according to Article 6(1)(a) or Article 9(2)(a) GDPR or on a contract according to Article 6(1)(b) GDPR, and
    (2) the processing is carried out by automated means.
    In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of others must not be adversely affected. The right to data portability does not apply to processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

  6. Right to Object
    You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR, including profiling based on those provisions. The data controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is for the establishment, exercise, or defense of legal claims.
    If personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing purposes, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
    You may exercise your right to object in relation to services of the information society – notwithstanding Directive 2002/58/EC – through automated means using technical specifications.

  7. Right to Withdraw Consent to Data Processing
    You have the right to withdraw your consent to data processing at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

  8. Automated Individual Decision-Making, including Profiling
    You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
    (1) is necessary for the conclusion or performance of a contract between you and the data controller,
    (2) is based on Union or Member State law to which the controller is subject and which also provides for appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, or
    (3) is based on your explicit consent.
    However, such decisions shall not be based on special categories of personal data under Article 9(1) GDPR unless Article 9(2)(a) or (g) GDPR applies and appropriate safeguards have been put in place to protect your rights, freedoms, and legitimate interests.
    In the cases mentioned in (1) and (3), the data controller shall implement appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view, and to contest the decision.

  9. Right to Lodge a Complaint with a Supervisory Authority
    Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work, or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
    The supervisory authority to which the complaint is lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of seeking a judicial remedy under Article 78 GDPR.

Version and Update of this Privacy Policy:
This privacy policy is dated March 21, 2024. We reserve the right to update this privacy policy in due course to improve data protection and/or to adapt it to changes in regulatory practices or case law.

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