Karl Heinrich Mikosch
c/o MIKOSCH & PARTNER
Bergstrasse 85
8032 Zurich
Switzerland
E-Mail-Address: kontakt@sexakademie.com
Copyright and trademark rights: All contents presented on this website, such as texts, photographs, graphics, brands and trademarks are protected by the respective property rights (copyrights, trademark rights.) The use, duplication etc. are subject to our rights or the rights of the respective authors or rights administrators.
With the following data protection declaration, we would like to inform you of the following types of personal data (hereinafter also referred to as “data”) that we process, and for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of providing you our services and, in particular, on our websites, on mobile applications and within external online presences, such as our social media profiles (hereinafter also referred to collectively as “online offer”).
The terms used are not gender specific.
As of: 13th March 2020
Karl Heinrich Mikosch
c/o MIKOSCH & PARTNER
Bergstrasse 85
8032 Zurich
Switzerland
E-Mail-Address: carlo@sexakademie.com
The following information relates to the data subjects and summarises the types of data processed and the purposes of their processing.
In the following, we provide the legal basis of the basic data protection regulation (GDPR), based on which we process personal data. Please note that in addition to the regulations of the GDPR, national data protection regulations may apply in your or our country of residence and domicile. If, in addition, more specific legal bases are applicable in individual cases, we will inform you of these in the data protection declaration.
National Data protection regulations in Germany: In addition to the data protection regulations of the basic data protection regulation, national regulations on data protection apply in Germany. These include the law on protection against misuse of personal data in data processing (Federal Data Protection Act – GDPR). In particular, the GDPR contains special regulations on the right to information, the right to deletion, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision making in individual cases including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 GDPR), regarding the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states may also apply.
We take appropriate technical and organisational measures in accordance with the legal requirements, considering the state of technology, its implementation costs and the nature, and scope, as well as the circumstances and purposes for the processing. As well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection commensurate with the inherent risk.
These measures shall include the safeguarding of confidentiality, integrity and availability of data by controlling physical and electronic access to data as well as access, input, disclosure, safeguarding of availability and segregation of data relating thereto. Furthermore, we have established procedures to ensure that data subjects rights are exercised, data is deleted, and appropriate reactions/responses are made to any threats to the data. Furthermore, we take the protection of personal data into account as early as during the development phase specifically, the selection of hardware, software and processes in accordance with the principle of data protection, by designing technology and by using 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 recognise such encrypted connections by the prefix https:// in the address line of your website browser.
In the course of our processing of your personal data, it may happen that the data is transferred to other bodies, companies, legally independent organisation units or persons or that it is disclosed to them. The recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases we observe the legal requirements and conclude appropriate contracts or agreements with the recipients of your data which then serve to protect your data.
Transfer of information within the organisation: We may transfer or grant access to personal information to other entities within our organisation. If this transfer is for administrative purposes, the transfer of data is based on our legitimate business and commercial interests or is made if it is necessary to fulfil our contractual obligations or if the consent of the persons concerned or legal permission has been obtained.
If we process data in a third country (i.e. outside of the European Union (EU), the European Economic Area (EEA)) or if the processing takes places in the context of the use of services of third parties or the disclosure or transfer of data to other persons, bodies or companies, this will only take place in accordance with the legal requirements. Subject to express consent or transfer required by contract or by law, we process or allow the data to be processed only in third countries with a recognised level of data protection, including in the US. These processors must be certified under the “Privacy Shield“, or on the basis of special guarantees, such as contractual obligations under so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations ( (Art. 44 TO 49 GDPR, Information page of the EU commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de ).
Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. A cookie is primarily used to store information about a user during or after his visit within an online offer. The stored information may 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., when user information is stored under pseudonymous online identifiers, also referred to as “user Ids“).
The following cookie types and functions are distinguished:
Information on legal basis: The legal basis on which we process your personal data using cookies depends on whether we ask you 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 aid of cookies will be processed based on 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 fulfil our contractual obligations.
General information on withdrawal of consent and opposition (opt-out): Depending on whether the processing is based on consent or legal permission, you have the possibility to revoke any consent given or to object to the processing of your data by cookie technologies (collectively referred to as “opt-out“) at any time. You can initially declare your objection by means of the settings of your browser, e.g. by deactivating the use of cookies (although this may also restrict the functionality of our online service). An objection to the use of cookies for online marketing purposes can also be declared by means of a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/ In addition, you can receive further notices of objection in the context of the information on the service providers and cookies used.
Processing of cookie data based on consent: Before we process or have processed any data in the context of the use of cookies, we ask users for their consent, which can be revoked at any time. Before consent has not been given, we will only use cookies if necessary, for the operation of our online service. Their use is based on our interest and the interest of the users in the expected functionality of our online offer.
We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners“) within the scope of contractual and comparable legal relationships as well as associated measures and within the scope of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries.
We process this data in order to fulfil our contractual obligations, to safeguard our rights and for the purposes of the administrative tasks associated with this data and for the purposes of the business organisation. Within the framework of the applicable law, we only pass on the data of the contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfil legal obligations or with the consent of the contractual partners (e.g. to participating telecommunication, transport and other auxiliary services as well as 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 will inform the contractual partners which data is required for the above-mentioned purposes before or within the scope of data collection, e.g. in online forms, by special marketing (e.g. colours) or symbols (e.g. asterisks or similar), or personally.
We delete the data after expiry of legal warranty and comparable obligations, i.e., in principle after 4 years, unless the data is stored within a customer account, e.g., as long as it must be for legal archiving reasons (e.g., for tax purposes usually 10 years). We will delete data that has been disclosed to us by the contractual partner within the scope of an order in accordance with the specifications of the order, generally after the end of the order.
If we use third-party providers or platforms to provide our services, the terms and conditions and data protection information of the respective third-party providers or platforms apply in the relationship between the users and the providers.
Economic analyses and market research: For economic reasons and in order to be able to identify market trends, wishes of contractual partners and users, we analyse the data available to us on business transactions, contracts, enquiries, etc., whereby contractual partners, interested parties, customers, visitors and users of our online offer may fall into the group of persons concerned.
The analyses are carried out for the purpose of business management evaluations, marketing and market research (e.g. to determine customer groups with different characteristics). In doing so, we can, if available, consider the profiles of registered users including their details, e.g. on services used. The analyses serve solely to serve us and are not disclosed externally, unless they are anonymous analyses with summarised, i.e. anonymised, values. Furthermore, we respect the privacy of the users and process the data for analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g. as summarised data).
We offer our services on online platforms that are operated by other service providers. In this context, the data protection notices of the respective platforms apply in addition to our data protection notices. This applies in particular with regard to the methods used on the platforms for measuring reach and for interest-based marketing.
Within the scope of contractual and other legal relationships, due to legal obligations or otherwise based on our legitimate interests, we offer the persons concerned, efficient and secure payment options and use other payment service providers in addition to banks and credit institutions (collectively known as “payment service providers “).
The data processed by the payment service providers include inventory data, such as name and address, bank data, such as account or credit card numbers, passwords, TANs and checksums, as well as contract, sum and recipient related data. These details are required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored by them. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about payment. Under certain circumstances, the payment service providers may transfer the data to credit agencies. The purpose of this transmission is to check & prove identity and creditworthiness. In this regard we refer to the general Terms and Conditions and the data protection information of the payment service providers.
The payment transactions are subject to the terms and conditions and the data protection information of the respective payment service providers, which can be accessed within the respective websites or transaction applications. We also refer to these for further information and the assertion of rights of revocation, information and other affected parties.
When contacting us (e.g. via our contact form, e-mail, telephone or via social media), the data of the inquiring persons will be processed to the extent necessary in order to answer the contact inquiries and any requested measures. The answering of contact inquiries within the scope of contractual or pre-contractual relations will be carried out in order to fulfil our contractual obligations or to answer (pre) contractual inquiries and otherwise based on legitimate interest in answering the inquiries.
We send newsletters, e-mails and other forms of electronic notifications (hereinafter referrred to as “newsletters“) only with the consent of the recipients or a legal permission. If the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.
To register for our newsletters, it is generally sufficient to provide your e-mail address. However, we may from time to time ask you to provide a name for the purposes of personal contact in the newsletter, or other details if these are necessary within the scope for the purposes of the newsletter.
Double-Opt-In-procedure: The registration to our newsletter is always done via a so-called double-opt-in-procedure. This means that after registration you will receive an e-mail asking you to confirm and verify your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process in accordance with legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
Deletion and limitation of processing: We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously provided consent. The processing of this data is limited to the purpose of providing a possible defence against future claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time. In case of obligations to permanently observe contradictions, we reserve the right to store the e-mail address in a blacklist for this purpose alone.
The logging of the registration procedure is based on our legitimate interests or the purpose of proving that it has been carried out properly. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure sending system.
Information on legal bases: The dispatch of our newsletters is based on the consent of the recipients or, if consent is not required, on our legitimate interests in direct marketing, if and to the extent that this is permitted by law, e.g. in the case of advertising to existing customers. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests. The registration process is recorded on the basis of our legitimate interests in order to prove that it was carried out in accorance with all applicable laws.
Content: Information about us, our services, actions and offers.
Measure of success: The newsletters contain a so-called “web beacon“, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened, or, if we use a mailing service provider, from their server. Within the scope of this retrieval, technical information such as information on the browser and your system, as well as your IP Address and the time of the retrieval, is initially collected. This information is then subsequently used for the technical improvement of our newsletter based on the technical data or the target groups and their reading behaviour on the basis of their retrieval locations (which can be determined by means of the IP address) or the access times. This analysis also includes determining whether the newsletters are opened, when they are opened, and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the mailing service provider to observe individual users. Rather, the evaluations serve us to recognise the reading habits and trends of our users and to adapt and tailor our content to them or to send different content according to the interests of our users.
The evaluation of the newsletter and the measurement of success are carried out, subject to the express consent of the users, on the basis of our legitimate interests for the purpose of using a user-friendly and secure newsletter system that serves our business interests and meets the expectations of our users.
A seperate revocation of the performance measurement is unfortunately not possible, in this instance as the entire newsletter subscription must be cancelled or objected to
We process personal data for the purposes of advertising communication, which can take place via various channels, such as e-mail, telephone, post or fax, in accordance with legal requirements. Recipients have the right to revoke their consent at any time or to object to promotional communication at any time.
After revocation or objection, we may store the data required in order to prove consent for up to three years on the basis of our legitimate interests before we delete it. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, providing that the former existence of consent is confirmed at the same time.
Web analysis (also known as “reach measurement“) is used to evaluate the streams of visitors to our online offering and may include behaviour, interests, or demographic information about our visitors, such as age or gender, as pseudonymous values. With the help of the range analysis we can, for example, identify at what time our online offer or its functions or contents are most frequently used or invited for reuse. We can also use it to understand which areas require additional optimisation.
In addition to web analysis, we can also use test procedures, e.g. to test and optimise different versions of our online offer or its components. For these purposes, so called user profiles can be created and stored in a file (so-called “cookie“) or similar procedures with the same purpose can be used. This information may include, for example, content viewed, web pages visited and elements used on those pages, and technical details such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, this data may also be processed, depending on the provider.
The IP Addresses of the users are also stored. However, we use an IP masking procedure (i.e., pseudonymisation by shortening the IP address) to protect the users. In general, in the context of web analysis, A/B testing and optimisation, no clear user data (such as e-mail addresses or names) are stored, but pseudonyms. This means that we as well as the providers of the software used do not know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective procedures.
Notes on legal bases: If we ask users for their consent to use the third-party providers, the legal basis for processing data is consented. Otherwise, the users‘ data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information regarding the use of cookies in this privacy policy.
We maintain online presences within social media networks and process user data in this context in order to communicate with our users active on there or to offer information about us.
Please note that user data may be processed outside of the European Union. This can result in risks for the users, because the enforcement of the user’s rights could be made more difficult. Regarding US providers that are certified under the Privacy Shield or offer comparable guarantees of a secure level of data protection, we would like to point out that they thereby undertake to comply with the data protection standards of the EU. Furthermore, user data within social networks is generally processed for market research and advertising purposes. Thus, for example, user profiles can be created based on user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements within 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 behaviour and interests of the users are stored. Furthermore, data may also be stored in the user profiles independently 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 the information provided by the operators of the respective networks.
Also, in the case of requests for information and the assertion of data subject rights, we would like to point out that these can most effectively be asserted with the providers. Only the providers have access to the data of the users in each case and can directly take appropriate measures and provide information. Should you nevertheless require assistance, you can contact us.
We use the services, platforms and software of other providers (hereinafter referred to as “third party providers“ for the purposes of organising, managing, planning and providing our services. When selecting third-party-providers and their services, we observe all legal requirements.
Within this framework, personal data may be processed and stored on the servers of the third party providers. This may affect various data which we process in accordance with this privacy policy. This data may include, in particular, master data and contact details of users, data on procedures, contracts, other processes and their contents.
If users are referred to the third party providers or their software or platforms in the course of communication, business or other relations with us, the third party providers may process usage data and metadata for security, service optimisation or marketing purposes. We therefore, request that you observe the data protection notices of the respective third-party providers.
Notes on legal bases: If we ask users for their consent to use the third-party providers, the legal basis for processing data is consent. Furthermore, their use can be a component of our (pre)contractual services, provided that the use of the third-party providers has been agreed upon in this context. Otherwise, the user’s data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context we would also like to draw your attention to the information on the use of cookies in this data protection declaration.
The data processed by us will be deleted in accordance with the legal requirements as soon as their consent permitted for processing is revoked or if other permissions cease to apply (e.g. if the purpose for which the data was processed ceases to apply or if they were not necessary for the purpose intended.
Unless the data is deleted because it is required for other legally permissible purposes, their processing is 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 retained for reasons of commercial or tax law or that must be stored for the purposes of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person.
Further information on the deletion of personal data can also be sought in the individual data protection notes of this data protection declaration. We ask you therefore, to regularly update yourself about the content of our data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as practically possible if the changes make it necessary for you to take action to cooperate (e.g. to provide your consent) or to receive other individual notification.
If we provide addresses and contact information of companies and organisations in this privacy policy, please note that the addresses may change over time and please therefore, check the information before contacting us.
As a data subject, you are entitled to various rights under the GDPR (Federal German data protection act), which result in particular from Articles 15 to 18 and 21 FGDPA: