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Privacy

Data protection

introduction

With the following data protection declaration we would like to explain to you which types of your personal data (hereinafter also referred to as "data") we process, for what purposes and to what extent the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offer").

The terms used are not gender specific.

As of June 10, 2021

Contents overview

Responsible person

Kim Probst, Babyartchibald
131, rue Principale
L-5366 Luxembourg

E-mail address: babyartchibald@outlook.com.

Imprint: babyartchibald.com/policies/legal-notice.

Overview of the processing

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

Types of data processed

  • Inventory data (e.g. names, addresses).
  • Content data (e.g. entries in online forms).
  • Contact details (e.g. email, telephone numbers).
  • Meta / communication data (e.g. device information, IP addresses).
  • Usage data (e.g. websites visited, interest in content, access times).
  • Contract data (e.g. subject of the contract, duration, customer category).
  • Payment data (e.g. bank details, invoices, payment history).

Categories of data subjects

  • Business and contractual partners.
  • Interested persons.
  • Communication partner.
  • Customers.
  • Users (e.g. website visitors, users of online services).
  • Sweepstakes and competition participants.

Purposes of processing

  • Provision of our online offer and user-friendliness.
  • Office and organizational procedures.
  • Direct marketing (e.g. by email or post).
  • Implementation of sweepstakes and competitions.
  • Feedback (e.g. collecting feedback via the online form).
  • Marketing.
  • Contact requests and communication.
  • Safety measures.
  • Provision of contractual services and customer service.
  • Management and answering of inquiries.

Relevant legal bases

Below you will find an overview of the legal bases of the GDPR, on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection requirements may apply in your or our country of residence or domicile. Furthermore, if more specific legal bases are relevant in individual cases, we will inform you of this in the data protection declaration.

  • Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR) - The data subject has given their consent to the processing of their personal data for a specific purpose or for several specific purposes.
  • Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b.GDPR) - The processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures that are carried out at the request of the data subject.
  • Legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR) - The processing is necessary to fulfill a legal obligation to which the person responsible is subject.
  • Legitimate interests (Art. 6 Para. 1 S. 1 lit.f. GDPR) - The processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, outweigh this.

Luxembourg

Safety measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.

The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, transfer, securing of availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to the threat to the data. Furthermore, we consider the protection of personal data already in the development or selection of hardware, software and procedures in accordance with the principle of data protection, through technology design and data protection-friendly default settings.

SSL encryption (https): In order to protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https: // in the address line of your browser.

Use of cookies

Cookies are text files that contain data from websites or domains visited and are stored on the user's computer by a browser. A cookie is primarily used to store information about a user during or after their visit to an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was viewed. The term cookies also includes other technologies that perform the same functions as cookies (e.g. if user information is stored using pseudonymous online identifiers, also known as "user IDs")

A distinction is made between the following types of cookies and functions:

  • Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
  • Permanent cookies: Permanent cookies are saved even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. The interests of users who are used to measure reach or for marketing purposes can also be stored in such a cookie.
  • First party cookies: First-party cookies are set by ourselves.
  • Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
  • Necessary (also: essential or absolutely necessary) cookies: On the one hand, cookies may be absolutely necessary for the operation of a website (e.g. to save logins or other user input or for security reasons).
  • Statistics, marketing and personalization cookies: Furthermore, cookies are usually also used in the context of range measurement and when the interests of a user or his behavior (e.g. viewing certain content, use of functions, etc.) are stored in a user profile on individual websites. Such profiles are used to show users, for example, content that corresponds to their potential interests. This process is also known as "tracking", i.e. following up the potential interests of users. Insofar as we use cookies or "tracking" technologies, we will inform you separately in our data protection declaration or in the context of obtaining consent.

Notes on legal bases: The legal basis on which we process your personal data with the help of cookies depends on whether we ask for your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or, if the use of cookies is necessary, to fulfill our contractual obligations.

Storage period: If we do not provide you with any explicit information on the storage duration of permanent cookies (e.g. in the context of a so-called cookie opt-in), please assume that the storage duration can be up to two years.

General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data using cookie technologies (collectively referred to as "opt-out"). You can first explain your objection using the settings of your browser, e.g. by deactivating the use of cookies (which can also restrict the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be made using a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/ be explained. In addition, you can receive further objection notices in the context of the information on the service providers and cookies used.

Processing of cookie data on the basis of consent: We use a procedure for cookie consent management, within the framework of which the consent of the user to the use of cookies or the processing and providers mentioned in the context of the cookie consent management procedure is obtained and administered and managed by the users can be revoked. The declaration of consent is saved in order not to have to repeat the query again and to be able to prove the consent in accordance with the legal obligation. The storage can take place on the server side and / or in a cookie (so-called opt-in cookie, or with the help of comparable technologies) in order to be able to assign the consent to a user or his device. Subject to individual information about the providers of cookie management services, the following information applies: The duration of the storage of the consent can be up to two years. A pseudonymous user identifier is created and stored with the time of consent, information on the scope of the consent (e.g. which categories of cookies and / or service providers) as well as the browser, system and end device used.

  • Processed data types: Usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).
  • Affected people: Users (e.g. website visitors, users of online services).
  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR), Legitimate Interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Business services

We process data from our contractual and business partners, e.g. customers and interested parties (collectively referred to as "contractual partners") in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries respond.

We process this data to fulfill our contractual obligations, to secure our rights and for the purposes of the administrative tasks associated with this information as well as the business organization. We only pass on the data of the contractual partners to third parties within the framework of applicable law to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations or with the consent of the persons concerned (e.g. to telecommunications, transport and other auxiliary services involved as well Subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.

We inform the contractual partners before or as part of the data collection, e.g. in online forms, by special labeling (e.g. colors) or symbols (e.g. asterisks or similar), or personally, which data are required for the aforementioned purposes.

We delete the data after the expiry of statutory warranty and comparable obligations, i.e. basically after 4 years, unless the data is stored in a customer account, e.g. as long as it has to be kept for archiving reasons for legal reasons (e.g. for Tax purposes usually 10 years). We delete data that has been disclosed to us by the contractual partner in the context of an order in accordance with the specifications of the order, generally after the end of the order.

Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.

Customer account: Contractual partners can create an account within our online offer (e.g. customer or user account, "customer account" for short). If the registration of a customer account is required, contractual partners will be informed of this as well as the information required for registration. The customer accounts are not public and cannot be indexed by search engines. As part of the registration as well as subsequent logins and uses of the customer account, we save the IP addresses of the customers along with the access times in order to be able to prove the registration and prevent any misuse of the customer account.

If customers have terminated their customer account, the data relating to the customer account will be deleted, subject to their retention being required for legal reasons. It is the customer's responsibility to secure their data if the customer account is terminated.

Shop and e-commerce: We process the data of our customers in order to enable them to select, purchase or order the selected products, goods and related services, as well as their payment and delivery or execution. If necessary for the execution of an order, we use service providers, in particular postal, forwarding and shipping companies, to carry out the delivery or execution for our customers. We use the services of banks and payment service providers to process payment transactions. The information required is marked as such in the context of the order or comparable purchase process and includes the information required for delivery or provision and billing as well as contact information in order to be able to hold any consultation.

  • Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact details (e.g. e-mail, telephone numbers), contract data (e.g. subject matter of the contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times) , Meta / communication data (e.g. device information, IP addresses).
  • Affected people: Interested parties, business and contractual partners, customers.
  • Purposes of processing: Provision of contractual services and customer service, contact inquiries and communication, office and organizational procedures, administration and answering of inquiries, security measures.
  • Legal basis: Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b GDPR), legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR), legitimate interests (Art . 1 lit.f. GDPR).

Use of online marketplaces for e-commerce

We offer our services on online platforms operated by other service providers. In this context, in addition to our data protection notices, the data protection notices of the respective platforms apply. This applies in particular with regard to the implementation of the payment process and the methods used on the platforms for range measurement and interest-based marketing.

  • Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact details (e.g. e-mail, telephone numbers), contract data (e.g. subject matter of the contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times) , Meta / communication data (e.g. device information, IP addresses).
  • Affected people: Customers.
  • Purposes of processing: Provision of contractual services and customer service.
  • Legal basis: Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Used services and service providers:

Providers and services used in the course of business activities

As part of our business activities, we use additional services, platforms, interfaces or plugins from third-party providers ("services" for short) that can process user data, in compliance with legal requirements. In this context, in addition to our data protection notices, the data protection notices of the respective services apply.

Notes on legal bases: Provided that we ask the users for their consent w4 = ZGVu RWluc2F0eg == ZGVy RHJpdHRhbmJpZXRlcg == == Yml0dGVuLA aXN0 ZGll UmVjaHRzZ3J1bmRsYWdl ZGVy VmVyYXJiZWl0dW5n dm9u RGF0ZW4 = ZGll RWlud2lsbGlndW5nLg == QW5zb25zdGVu d2VyZGVu ZGll RGF0ZW4 = ZGVy TnV0emVy ENVy RXJicmluZ3VuZw dW5zZXJlcg == == == Z2VzY2jDpGZ0bGljaGVu TGVpc3R1bmdlbg b2Rlcg == c29mZXJu c2ll ZsO8cg = = ZGll VmVydHJhZ3NlcmJyaW5ndW5n bmljaHQ = ZXJmb3JkZXJsaWNo c2luZCw = YXVm R3J1bmRsYWdl dW5zZXJlcg == == YmVyZWNodGlndGVu SW50ZXJlc3Nlbg KGQuaC4 = SW50ZXJlc3Nl YW4 = ZWZmaXppZW50ZW4s d2lydHNjaGFmdGxpY2hlbg == == dW5k ZW1wZsOkbmdlcmZyZXVuZGxpY2hlbg TGVpc3R1bmdlbik = dmVyYXJiZWl0ZXQu

  • Affected people: Customers, interested parties, users (e.g. website visitors, users of online services), business and contractual partners.
  • Purposes of processing: Provision of contractual services and customer service.
  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR), fulfillment of contracts and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b.GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit.f GDPR).

Payment method

In the context of contractual and other legal relationships, due to legal obligations or otherwise based on our legitimate interests, we offer the data subjects efficient and secure payment options and use other service providers in addition to banks and credit institutions (collectively "payment service providers").

The data processed by the payment service provider includes inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, sum and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. The data may be transmitted to credit agencies by the payment service provider. The purpose of this transmission is to check your identity and creditworthiness. For this we refer to the terms and conditions and the data protection information of the payment service providers.

For payment transactions, the terms and conditions and the data protection information of the respective payment service provider apply, which can be called up within the respective websites or transaction applications. We also refer to these for the purpose of further information and assertion of rights of revocation, information and other data subjects.

  • Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contract data (e.g. subject matter of the contract, term, customer category), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information , IP addresses).
  • Affected people: Customers, prospects.
  • Purposes of processing: Provision of contractual services and customer service.
  • Legal basis: Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Used services and service providers:

Provision of the online offer and web hosting

In order to be able to provide our online offer safely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we can use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.

The data processed in the context of the provision of the hosting offer can include all information relating to the users of our online offer that is generated in the context of use and communication. This regularly includes the IP address, which is necessary in order to be able to deliver the content of online offers to browsers, and all entries made within our online offer or from websites.

Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files can include the address and name of the websites and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP Addresses and the requesting provider belong.

The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the server (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure the load on the servers and their stability.

  • Processed data types: Content data (e.g. entries in online forms), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).
  • Affected people: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Provision of our online offer and user-friendliness.
  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Sweepstakes and competitions

We process personal data of participants in sweepstakes and competitions only in compliance with the relevant data protection regulations, insofar as the processing is contractually necessary for the provision, implementation and handling of the sweepstakes, the participants have consented to the processing or the processing serves our legitimate interests (e.g. in the Security of the competition or the protection of our interests against misuse through the possible collection of IP addresses when submitting competition entries).

If contributions by the participants are published as part of the competition (e.g. in the context of a vote or presentation of the competition contributions or the winners or reporting on the competition), we point out that the names of the participants can also be published in this context. Participants can object to this at any time.

If the competition takes place within an online platform or a social network (e.g. Facebook or Instagram, hereinafter referred to as "online platform"), the usage and data protection provisions of the respective platforms also apply. In these cases, we point out that we are responsible for the information provided by the participants in the context of the competition and inquiries regarding the competition are to be directed to us.

The data of the participants will be deleted as soon as the competition or competition is over and the data is no longer required to inform the winners or because queries about the competition are to be expected. In principle, the data of the participants will be deleted no later than 6 months after the end of the competition. The winners' data can be retained for longer, e.g. to answer questions about the winnings or to be able to fulfill the winnings; In this case, the retention period depends on the type of profit and is, for example, up to three years for items or services, e.g. to be able to process warranty cases. Furthermore, the data of the participants can be stored longer, e.g. in the form of reporting on the competition in online and offline media.

If data was also collected for other purposes within the framework of the competition, its processing and the retention period are based on the data protection information for this use (e.g. in the case of registering for the newsletter as part of a competition).

  • Processed data types: Inventory data (e.g. names, addresses), content data (e.g. entries in online forms).
  • Affected people: Sweepstakes and competition participants.
  • Purposes of processing: Implementation of sweepstakes and competitions.
  • Legal basis: Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b.GDPR).

Presence in social networks (social media)

We maintain an online presence within social networks and process user data in this context in order to communicate with the users active there or to offer information about us.

We would like to point out that user data can be processed outside of the European Union. This can result in risks for the user because, for example, the enforcement of the users' rights could be made more difficult.

Furthermore, the data of users within social networks are usually processed for market research and advertising purposes. For example, usage profiles can be created based on user behavior and the resulting interests of the user. The usage profiles can in turn be used, for example, to place advertisements inside and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behavior and the interests of the users are stored. Furthermore, data can be stored in the usage profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective forms of processing and the possibilities of objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.

In the case of requests for information and the assertion of data subject rights, we point out that these can be most effectively asserted with the providers. Only the providers have access to the data of the users and can take appropriate measures and provide information directly. If you still need help, you can contact us.

Facebook: We are together with Facebook Ireland Ltd. responsible for collecting (but not further processing) data from visitors to our Facebook page (so-called "fan page"). This data includes information about the types of content users view or interact with, or the actions they take (see “Things You and Others Do and Provide” in the Facebook Data Policy: https://www.facebook.com/policy), as well as information about the devices used by the users (e.g. IP addresses, operating system, browser type, language settings, cookie data; see under "Device information" in the Facebook data policy declaration: https://www.facebook.com/policy). As explained in the Facebook data policy under "How do we use this information?", Facebook also collects and uses information to provide analysis services, so-called "Page Insights", for website operators so that they can obtain information about how people use their pages and interact with the content associated with them. We have concluded a special agreement with Facebook ("Information on Page Insights", https://www.facebook.com/legal/terms/page_controller_addendum), which regulates in particular which security measures Facebook must observe and in which Facebook has agreed to fulfill the rights of the data subject (i.e. users can, for example, send information or deletion requests directly to Facebook). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook. Further information can be found in the "Information on Page Insights" (https://www.facebook.com/legal/terms/information_about_page_insights_data).

  • Processed data types: Contact data (e.g. e-mail, telephone numbers), content data (e.g. entries in online forms), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).
  • Affected people: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Contact inquiries and communication, feedback (e.g. collecting feedback via the online form), marketing.
  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Used services and service providers:

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as the consents allowed for processing are revoked or other permissions are no longer applicable (e.g. if the purpose of processing this data is no longer applicable or is not required for the purpose).

If the data is not deleted because it is required for other and legally permissible purposes, its processing will be limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax law reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

Our data protection information may also contain further information on the storage and deletion of data, which have priority for the respective processing.

Change and update of the data protection declaration

We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this data protection declaration, please note that the addresses can change over time and ask you to check the information before contacting us.

Rights of data subjects

As a data subject, you have various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

  • Right of objection: You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data, which is based on Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. If the personal data relating to you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
  • Right to withdraw consent: You have the right to withdraw your consent at any time.
  • Right of providing information: You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.
  • Right to rectification: In accordance with the legal requirements, you have the right to request the completion of the data relating to you or the correction of incorrect data relating to you.
  • Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to request that the data relating to you be deleted immediately or, alternatively, to request a restriction on the processing of the data in accordance with the legal requirements.
  • Right to data portability: You have the right to receive data concerning you that you have provided to us in accordance with the legal requirements in a structured, common and machine-readable format or to request that it be transmitted to another person responsible.
  • Complaint to the 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 habitual residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of the personal data concerning you is against the Violates the requirements of the GDPR.

Definitions of terms

This section gives you an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and primarily defined in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to aid understanding. The terms are sorted alphabetically.

  • Personal data: "Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
  • Responsible: "Responsible" means the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
  • Processing: "Processing" is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data, be it the collection, the evaluation, the storage, the transmission or the deletion.

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