GDPR, Cookie & Privacy Policy

Privacy Policy of www.theactivemag.com - Last update: 09/01/2018

This website collects some Personal Data of its Users.

1. Personal Data

The Personal Data and Browser Data (hereinafter collectively referred to as “Data”), automatically collected from this website (hereinafter the “Site”), by means of automated systems or freely entered by the User or the Interested Party, are collected for the purposes, and processed, as follows below.

2. Parties processing the data

Owner of the Data Processing System

BJ Creative, Ben Jennings, 32 Arran Road, Stamford, Lincolnshire, PE9 2XS, United Kingdom, Ben@BJCreative.co.uk

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to BJ Creative. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, BJ Creative 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, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

3. Kinds of Data

The Data that may be collected by this Site are name, surname, address, phone number, email, fax, social security number, IP address and other Data relating to the User’s identity or technical access to the Site by the User. When Sensitive Personal Data are transferred (personal data revealing racial or ethnic, religious, philosophical or other beliefs, political opinions, membership of political parties, trade unions, associations or organizations of a religious, philosophical or political nature, and personal data disclosing information about health and sex life), it may be necessary to obtain consent in order to process them.

The Browser Data referring to the technical use of the Site must be collected, and transfer is not optional. The User may freely provide the remaining Data, including personal information, unless it is expressly indicated otherwise. Failure to process certain Data (e.g. contact details, or addresses, or data concerning behavior or user preferences, etc.) may make it impossible for the Site to provide its services.

If the User utilizes the Site to publish or otherwise share Personal Data with third parties, he or she assumes full responsibility: the User states possession of the right to communicate or disclose personal data to third parties, and that they have received prior information thereto, thus relieving the Site of all responsibility for their improper use following disclosure or dissemination.

4. Definitions

The data protection declaration of BJ Creative is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

  • 4.1) 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.

  • 4.2) Data subject

    Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

  • 4.3) 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.

  • 4.4) Restriction of processing

    Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

  • 4.5) Profiling

    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.

  • 4.6) Pseudonymisation

    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.

  • 4.7) 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.

  • 4.8) Processor

    Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • 4.9) Recipient

    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.

  • 4.10) 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.

  • 4.11) Consent

    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.

5. Contact possibility via the website

The website of BJ Creative contains information that enables a quick electronic contact to our business, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

5.1. 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.

6. Rights of the data subject

  • 6.1) 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 our Data Protection Officer or another employee of the controller.

  • 6.2) 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 our Data Protection Officer or another employee of the controller.

  • 6.3) 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 our Data Protection Officer or another employee of the controller.

  • 6.4) 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 BJ Creative, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of BJ Creative or another employee 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. The Data Protection Officer of BJ Creative or another employee will arrange the necessary measures in individual cases.

  • 6.5) 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 BJ Creative, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of BJ Creative or another employee will arrange the restriction of the processing.

  • 6.6) 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 the Data Protection Officer designated by BJ Creative or another employee.

  • 6.7) 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.

    BJ Creative 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 BJ Creative 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 BJ Creative to the processing for direct marketing purposes, BJ Creative 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 BJ Creative 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 directly contact the Data Protection Officer of BJ Creative or another employee. 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.

  • 6.8) 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, BJ Creative 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 directly contact our Data Protection Officer of BJ Creative or another employee of the controller.

  • 6.9) 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 directly contact our Data Protection Officer of BJ Creative or another employee of the controller.

7. Legal basis for the processing

A GDPR serves as the legal basis for processing operations for which we 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 our products or services. Is our company 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. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. 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 our company 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).

7.1. 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.

7.2. 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.

7.3. 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

We 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 our Data Protection Officer. Our Data Protection Officer 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.

8. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officer from DGD Deutsche Gesellschaft für Datenschutz GmbH, which has been developed in cooperation with WILDE BEUGER SOLMECKE | Lawyers and the used hardware dealer RC GmbH.

Mode and place of processing of the information obtained

Method of Processing

The Data Controller processes the Data of the Interested Parties and Users in a lawful and proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data. Processing is carried out using computers and / or telematic means, with organizational methods and logics strictly related to the stated purposes. In addition to the owner, in some cases, access to the Data may be available to personnel involved in the organization of the Site (administrative, commercial, marketing, legal, system administrators) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Managers by the Owner of the Processing procedure. The updated list of Managers can be requested from the Owner by contacting the above address at any time.

Place

The Data are processed at the headquarters of the Data Controller. Any processing of Data outside one of the EU Member States may require the consent of the User or the Interested Party.

Time

The Data are kept for the time necessary to perform the service requested by the User, and the User can always ask for removal from the servers of the Site for legitimate reasons.

The use of the collected Data

The Data concerning the User or the Data Subject are collected to allow:

  • the provision of the service or delivery of goods for sale purchased on the Site, and more generally, for administrative and accounting or technical purposes;
  • a response to specific requests for information by the User;
  • a User update on new products or services provided by the Site or concerning particular business offers;
  • the User to be informed of any Site maintenance or inconvenience;
  • any commercial profiling of the User;
  • to display banners related to User interests (behavioral targeting / advertising);
  • defense by the Website Owner, in court or in the stages leading to possible legal action, against improper use of the same or related services by the User.

Some forms of processing (sending promotional information, commercial profiling, behavioral advertising, geolocation, etc.) may require the express consent of the User or the Interested Party. Specific information may be shown on the pages of the Site in connection with particular services or processing of Data provided by the User or by the Interested Party.

Services provided by this website

The use of Data for additional purposes by the Data Controller, or for services for which it is necessary to collaborate with third parties, listed below, may in some cases require the free and specific consent of the User or the Interested Party.

Geolocation (This Website)

This Website may collect, use, and share User location Data in order to provide location-based services. Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, your location Data may be tracked by this Site.

The personal data collected are: Geographic position.

Purpose of the information collected and Services utilized on the website

The purpose of the treatment of the personal information, the personal information collected and any suppliers of third party services involved are mentioned hereinafter.

The services contained in this section, provided by third parties, are used to track User behavior and, in case of profiling, they can require the User's express consent.

Google Analytics (Google)

Google Analytics is a web analysis service supplied by Google, Inc. ("Google"), which uses "cookies" to collect Users’ Personal Data which are forwarded to, and deposited on, Google's servers in the United States. Google uses the Data collected to
(i) track and examine the Website’s usage,
(ii) prepare reports on the Website’s activities for the website managers and
(iii) supply other optional services.

Google may use the Data collected to carry out behavioral targeting of the Website’s Users. Google does not associate the user's IP address with any other information in Google's possession. Any refusal to utilize the cookies, by selecting the appropriate setup on your browser, may prevent the use of some functions of this Website.

Place of Data Processing: USA

More information: www.google.com/intl/en/analytics/privacyoverview.html

The personal data collected are: Cookie and IP.

Cookie Policy

What are cookies?

This website uses cookies to collect information. Cookies are small data files which are placed on your computer or other mobile or handheld device (such as smart ‘phones or ‘tablets’) as you browse this website. They are used to ‘remember’ when your computer or device accesses this website. The cookies are essential to the effective operation of our website and to enable to you shop with us online. Cookies are also used to tailor the products and services offered and advertised to our customers, both on this website and elsewhere.

Information collected

Some cookies collect information about browsing and purchasing behaviour by people who access this website via the same computer or device. This includes information about pages viewed, products purchased and the customer journey around a website. We do not, however, use cookies to collect or record information on users’ name, address or other contact details. ABI is able to use cookies to monitor individual customer browsing and purchasing behaviour but third parties are not able to identify customers using cookies.

Who sets the cookies?

The cookies stored on your computer or other device when you access this website are set by ABI, our suppliers who partner with us to help deliver a high quality website and on-line shopping experience, and other third parties. Some cookies are set by or on behalf of ABI and are necessary to enable customers to a make purchases on our website.

Cookies may also be set by third parties who participate with us in affiliate marketing programmes. None of these third parties collect any personal data from which they would be able to identify individual customers.

What are cookies used for?

The main purposes for which cookies are used are:-

  1. For technical purposes essential to effective operation of website, particularly in relation to on-line transactions.
  2. To drive marketing, particularly banner advertisements and targeted updates which are explained in more detail elsewhere in the Privacy Policy.
  3. To enable ABI to collect information about the browsing and shopping habits and activities of customers, including to monitor the success of campaigns, competitions etc.
  4. To enable ABI to meet its contractual obligations to make payments to third parties when a product is purchased by someone who has visited our website from a site operated by those parties.

How do I disable cookies?

If you want to disable cookies you need to change your website browser settings to reject cookies. How to do this will depend on the browser you use and we provide further detail below on how to disable cookies for the most popular browsers:-

For Microsoft Internet Explorer:

1. Choose the menu “tools” then “Internet Options”
2 Click on the “privacy” tab
3 Select the setting the appropriate setting

For Mozilla firefox:

1. Choose the menu “tools” then “Options”
2 Click on the icon “privacy”
3 Find the menu “cookie” and select the relevant options

For Opera 6.0 and further:

1. Choose the menu Files”> “Preferences”
2 Privacy

What happens if I disable cookies?

This depends on which cookies you disable, but in general the site may not operate properly if cookies are switched off. If you only disable 3rd party cookies you will not be prevented from making purchases on this site. If you disable all cookies you will be unable to complete a purchase on this site.

Personal information

Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

Browsing Details

Details collected automatically from the site, including the IP addresses or domain names of the computers utilized by the users who connect to the site, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file obtained in reply, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of provenance, the features of the browser and the operating system utilized by the visitor, the various time details per visit (for instance the time spent on each page) and the details about the path followed within the site with special reference to the sequence of pages visited, other parameters about the operating system and the user’s IT environment.

User

Means the individual user of the Site’s services or products

Interested Party

Indicates the subject to which the Personal Data refers, using the services or the products of the site.

Data Processor

The natural person, legal person, public administration or any other organization, association or organization designated by the Data Controller for the Personal Data processing system.

Data Controller

The natural person, legal person, public administration or any other organization, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Site.

Legal information

This privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of cookies.

This privacy statement applies solely to the Site and is not meant to refer to other sites whose links are possibly contained therein.

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