The processing of your personal data (name, address, e-mail address) shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Zooming Japan. By means of this data protection declaration, Zooming Japan would like to inform the readers of this blog of the nature, scope, and purpose of the personal data I collect, use and process. Furthermore, you are informed, by means of this data protection declaration, of the rights to which you are entitled.
As the controller, Zooming Japan has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, everyone is free to transfer personal data to us via alternative means – or by leaving this website.
The data protection declaration of Zooming Japan is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). This data protection declaration should be legible and understandable for the general public, as well as my readers and business partners. To ensure this, I would like to first explain the terminology used.
In this data protection declaration, I use, inter alia, the following terms:
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
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is 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 is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is 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 are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is 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.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is 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.
Consent of the data subject is 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. Contact information of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Jasmine T. Blossom
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Collection of general data and information
The website of Zooming Japan 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 the server log files.
Collected may be:
- type and version of the browser you use
- operating system
- websites that linked you to my site (referrer URL)
- websites that you visit (sub-websites)
- date and time of your visit
- your Internet Protocol (IP) address.
- your Internet service provider
- other similar data and information that may be used in the event of attacks on my information technology systems
When using these general data and information, Zooming Japan does not draw any conclusions about the data subject. Rather, this information is needed to:
- deliver the content of my blog correctly
- optimize the content of my blog as well as its advertisement
- ensure the long-term viability of my information technology systems and website technology
- provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack
Therefore, Zooming Japan analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of my blog, and to ensure an optimal level of protection for the personal data I process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
The data will be deleted as soon as they’ve fulfilled the means of the processing. Data that has been processed so you can actually access Zooming Japan will be deleted as soon as you leave Zooming Japan again (as soon as the session is over).
If log files were saved, they’ll usually be deleted after 7 days at the latest. A longer storage of data is possible. In this case the IP address of a user will be deleted or alienated so that a connection to the specific user is not possible anymore.
5. Subscription to the newsletter
On the website of Zooming Japan, users are given the opportunity to subscribe to my newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
Zooming Japan informs its customers and business partners regularly by means of a newsletter about Japan related information and blog articles. The newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, I also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send my newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to the newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly through the link given at the end of each newsletter.
5.1 Newsletter provider
The distribution of the newsletter is done by “MailChimp”, a newsletter providing platform run by Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA.
The email addresses and other data of the users of the newsletter will be saved on MailChimp’s servers in the USA. MailChimp uses this data for evaluation of the newsletters on Zomming Japan’s behalf. MailChimp also uses the data to improve their own services. MailChimp doesn’t use the data to communicate to you directly or to hand the data over to third parties.
MailChimp is Privacy Shield certified and thus complies with the European data privacy laws. The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks were designed by the U.S. Department of Commerce and the European Commission and Swiss Administration to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States in support of transatlantic commerce.
The newsletter of Zooming Japan contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Zooming Japan may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. Zooming Japan automatically regards a withdrawal from the receipt of the newsletter as a revocation.
6. Posting and subscribing to comments
You can post comments on individual blog articles here on Zooming Japan. For this purpose, the data of the user (name, email address) is stored. Your IP address is not being stored. I have turned off this function, but this means I have to screen all comments and manually approve them.
The information is stored for my security in the event the author through his/her comments infringes against third party rights and/or unlawful content is entered. Consequently, I have a direct interest in the author’s stored data, particularly since I may be potentially liable for such violations. No data is transferred to third parties. Nor is any of this information matched to any information that may be collected by other components of my blog.
This blog offers you the opportunity to subscribe to subsequent comments of a blog article which you intend to comment on. When you choose this option, you will receive a confirmation email which is used to determine if you are actually the owner of the email address entered. You may at any time revoke your decision to subscribe to such follow-on comments. You will find additional details in the confirmation email. No data hereby obtained is transferred to third parties. Nor is any of this information matched to any information that may be collected by other components of this website. The option to subscribe to comments may be terminated at any time.
Comments will be stored on my blog until the comment section will be turned off and deleted completely or an individual comment has been erased due to legal reasons (e.g. insulting comments, spam).
7. Use of Google Analytics with anonymization
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States .
Google is “Privacy Shield” certified and thus complies with the European data privacy laws
The IP-anonymisation is active on this website. So, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and truncated there.
Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.
You can prevent Google Analytics from generating your data by clicking on this link. An opt-out cookie will be stored on your device, which means that you’ll have to click this link again, if you delete your cookies.
8. Use of Google+ recommendation components
This website employs the “+1“-button from Google+ belonging to Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google“.
Each time this blog receives an access request equipped with a “+1“ component, the component prompts your browser to download an image of this component from Google. Through this process, Google is informed precisely which page of my website is being visited.
As specified by Google, your visit undergoes additional analysis in the event you are not logged into your Google account.
If you access this site while logged into Google and press the “+1″ button, Google can collect information about your Google account, websites you recommend as well as your IP address, along with other browser-related information.
This allows your “+1“ recommendation to be stored and publicized. Your Google “+1“ recommendation can then appear as a reference in other Google services, such as search results, your Google account or other places, such as on websites and ads in the internet, together with your account name and, if applicable, a picture you provided to Google. Furthermore, Google can link your visit to this website with data stored by Google. Google also records this information for the purpose of further improving Google services.
If you wish to minimize the collection of information by Google as previously described, you must log out of your Google account before visiting Zooming Japan.
You can access Google‘s data protection policies relating to the “+1“ button together with all relevant information on the collection, transfer and use of data by Google, your rights in this regard as well as your profile settings options here.
9. Facebook Share Button
This blog employs components such as social plugins from facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, hereinafter referred to as “Facebook“.
Each time Zooming Japan receives an access request equipped with a Facebook component, the component prompts your browser to download an image of this Facebook component. Through this process, Facebook is informed precisely which page of this blog is being visited.
When you access this website while logged into Facebook, Facebook uses information gathered by this component to identify the precise page you are viewing and associates this information to your personal account on Facebook. Whenever you click on the “Like“ button, for example, or enter a comment, this information is transmitted to your personal account on Facebook and stored there. In addition, Facebook is informed of your visit to Zooming Japan. This occurs regardless of whether you click on a component or not.
If you wish to prevent the transfer to and storage of data by Facebook about you and your interaction with my blog, you must first log out of Facebook before visiting this website. The data protection policies of Facebook provide additional information, in particular about the collection and use of data by Facebook, your rights in this regard as well as the options available to you for protecting your privacy.
In addition, tools are freely available on the market that can be used to block Facebook social plugins with addons from being added to all commonly used browsers.
You can find an overview of Facebook plugins here.
Facebook is “Privacy Shield” certified and thus complies with the European data privacy laws.
10. Twitter Share Button
This blog employs components (eg. tweet, retweet functions) provided by Twitter. Twitter is a service of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA.
Each time Zooming Japan receives an access request equipped with a Twitter component, the component prompts your browser to download an image of this component from Twitter. Through this process, Twitter is informed precisely which page of my website is being visited.
You may change your data privacy settings in your Twitter account settings.
Twitter is “Privacy Shield” certified and thus complies with the European data privacy laws.
11. Pinterest Share Button
Zooming Japan employs the services of pinterest.com. Pinterest.com is a service of Pinterest, Inc., 808 Brannan St, San Francisco, CA 94103, USA.
Through the “Pin it“ button integrated into my blog, Pinterest is informed that you have accessed that particular page of Zooming Japan. If you are logged into Pinterest, Pinterest can associate your visit to my blog with your Pinterest account and thereby create a link to the data collected. Pinterest stores the data that is transferred through clicks on “Pin it“ buttons. You can find more information with respect to the purpose and extent of data collected, how it is processed and used as well as your rights in this regard and what settings you can use to protect your privacy by consulting the Pinterest data protection policy.
To prevent Pinterest from associating your visit to my website to your Pinterest account, you must first log out of your Pinterest account before visiting my blog.
12. Other Social Sharing Services
Zooming Japan offers visitors to share blog articles using the above mentioned sharing buttons as well as Reddit and Whatsapp.
However, you can also copy and paste the URL and share it on other social platforms of your liking.
Please note that just by visiting a blog article, no data is being transferred to any of those services. Technically those are only text links. Only when you click to share a transmission to a third party server is triggered (Reddit, Whatsapp, LinedIn etc.). By clicking the share button while you’re logged into your profile, you give your consent for this data transmission.
If you want to prevent this, you can always log out of your social profiles (but then you cannot share articles).
13. Use of the Amazon Partner program
Amazon.com Inc. is “Privacy Shield” certified and thus complies with the European data protection law.
14. Use of Google AdSense
This blog employs Google AdSense. Google AdSense is a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, for incorporating advertisements.
Google-AdSense uses so-called “cookies“, text files, that are stored to your computer and which provide analysis of the use of this website. Furthermore, Google AdSense uses so-called “web beacons“. Web beacons allow Google to analyze information, such as visitor traffic to Zooming Japan. This information, along with your IP address and the ad format displayed, is transmitted to Google in the US where it is stored and may be transferred by Google to contracting partners. However, Google does not merge your IP-address with other stored data on you.
You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of this blog.
By using Zooming Japan you declare that you agree to the processing of data collected about you by Google in the manner previously described and for the purposes there specified.
15. Use of affilinet tracking cookies
There might be times when Zooming Japan employs affilinet tracking cookies in order to correctly record sales and/or leads. Cookies are small text files that are saved to your computer when you visit a website. These affilinet tracking cookies do not store personal data of any kind. Instead, it only collects the identification number of the intermediary partner as well as the reference number of the advertising material that was clicked on by the visitor to the website. This information is required in order to process the payment transaction between the website operator and the advertiser. The partner identification number serves to designate the intermediary partner to which a commission is to be paid once a transaction has been concluded.
You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of this website.
16. Embedded YouTube videos
Zooming Japan sometimes uses embedded YouTube videos (run by Google). YouTube is a service of YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
If you visit a blog article with an embedded YouTube video, there will be an automatic connection to the YouTube servers. This will tell the YouTube server which of Zooming Japan’s pages you’ve visited.
If you’re logged into your YouTube account, you allow YouTube to connect your browsing behavior with your personal profile. You can prevent this by logging out of your YouTube account.
Zooming Japan is using YouTube for the proper demonstration of services. This processing is based on Art. 6(1) lit. c GDPR.
You can find more information about how YouTube is handling your data here: https://policies.google.com/privacy
There’s also an opt-out option: https://adssettings.google.com/authenticated
17. Online Presence in Social Media
18. Google Maps
Zooming Japan is linking to “Google Maps”, a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Opt-out option: https://adssettings.google.com/authenticated.
19. Google Fonts
Zooming Japan uses “Google Fonts” to enhance user experience offered by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Opt-out option: https://adssettings.google.com/authenticated.
20. Web Hosting
Zomming Japan is a self-hosted blog. I’m using a web hosting service to provide a platform for this blog, computing capacity, storage space, database services, security services as well as technical maintenance services.
Zooming Japan’s web hosting service processes for this purpose the following data: contact, content, contract, usage, meta and communication data of visitors. This is to provide an efficient and secure online experience and is based on Art. 6(1) lit. c GDPR.
21. SSL / TLS Encryption
Zooming Japan uses SSL / TLS encryption to ensure the transmission of confidential content (e.g. by using the contact form) will be protected. You can tell if a website is using an encrypted connection if they’re using “https://” instead of “http://” and there’s also the padlock symbol in front of the URL in your browser. With SSL / TLS encryption data you send to us cannot be read / processed by third parties.
Zooming Japan uses the certificate of Let’s Encrypt.
22. 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 to.
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 are routinely blocked or erased in accordance with legal requirements.
23. External Sites (Other Websites that link to Zooming Japan)
Remember The Risks Whenever You Use The Internet!
While I do my best to protect your personal information, I cannot guarantee the security of any information that you transmit to Zooming Japan and you are solely responsible for maintaining the secrecy of any passwords or other account information. In addition, other Internet sites or services that may be accessible through Zooming Japan have separate data and privacy practices independent of Zooming Japan, and therefore I disclaim any responsibility or liability for their policies or actions.
24. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients 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 existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are 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) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
- Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. 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 to rectification, he or she may, at any time, contact the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator 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, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where 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 have been unlawfully processed.
- The personal data must 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) of the GDPR.
- If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Zooming Japan, he or she may, at any time, contact the controller. Zooming Japan shall promptly ensure that the erasure request is complied with immediately.Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Zooming Japan will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- 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 instead the restriction of their 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) of the 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 Zooming Japan, he or she may at any time contact the controller. Zooming Japan will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so 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 Zooming Japan.
g) Right to object
Each data subject shall have the right granted by the European legislator 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) of the GDPR. This also applies to profiling based on these provisions.
Zooming Japan shall no longer process the personal data in the event of the objection, unless we can demonstrate 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 claims.
If Zooming Japan processes 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 applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Zooming Japan to the processing for direct marketing purposes, Zooming Japan will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Zooming Japan for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact Zooming Japan. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use 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 legislator 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not 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 (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Zooming Japan 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 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 Zooming Japan.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact Zooming Japan.
25. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which I obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. 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 my services. Is Zooming Japan subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.
24 rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. Then the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by Zooming Japan or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
26. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
27. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
28. 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
I clarify 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 to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of 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 any employee. The employee clarifies 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.
29. Existence of automated decision-making
Zooming Japan does not use automatic decision-making or profiling.