This is not a company web site. I (Mario M. Westphal) publish this site to support my freeware and shareware applications.
photools.com is not a company either, it’s just the URL of my current home on the web.
All contents on this site are subject to change without notice.

Folgen Sie bitte diesem Link für die deutschsprachige Version.

Anbieterkennung nach § 5 TMG

Anbieter Kennzeichnung nach § 5 TMG

Please do not call the telephone number above if you have questions about your purchase or you need support for IMatch. If you have a question about IMatch or you need assistance, please use the options given on the Support page to reach us.

For questions regarding your order or payment processing, please contact our e-commerce partner share*it! via their customer care center. This page lists email contacts and telephone numbers of the myCommerce / DigitalRiver subsidiary in your country. The myCommerce Privacy Police can be found here.

A Few Personal Remarks…

This is a private web site of Mario M. Westphal. I use it to support my Open Source, free- and shareware projects.

You can contact me at any time via the means provided on the support page if you have questions about this web site or my software products.

If not an international corporation and I don’t have a law department. I do all this in my spare time.

I don’t collect unnecessary data about you. I don’t sell or give away your data to third parties. I don’t use advertisements on this site and I don’t use tracking cookies. I only collect the minimum data required to make this web site, the customer portal and the community work.

Please carefully read the following texts before you use this web site or any of my other sites, applications, software products or services.

Last Update: May 2018

Privacy Statement

NOTE: This privacy statement has been translated into English for your convenience using a machine translation service. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. The official text is the Datenschuutzerklärung in German language. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.

1. Name and Address of the Person Responsible

The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations:

Anbieter Kennzeichnung nach § 5 TMG

2. Data Security Officer

Same as above.

3. Scope of the processing of personal data

1. Scope of the processing of personal data

We only process personal data of our users if this is necessary to provide a functional website as well as our contents and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Ordinance (DSTGVO) serves as the legal basis.

In the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSTGVO serves as the legal basis. This also applies to processing operations that are necessary to carry out per-contractual measures.

Insofar as the processing of personal data is required to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSTGVO serves as the legal basis.

In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) DSTGVO serves as the legal basis.

If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSTGVO serves as the legal basis for processing.

3. Data erasure and storage time

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

4. Provision of the website and creation of log files

1. Description and scope of data processing

Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer. The following data is collected:

  • Information about the browser type and version used
  • The user’s operating system
  • The user’s Internet service provider
  • The IP address of the user
  • Date and time of access
  • Websites from which the user’s system reaches our website
  • Websites accessed by the user’s system through our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user. We shorten the IP addresses according to the applicable regulations.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSTGVO.

3 Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this the IP address of the user must remain stored for the duration of the session

The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f DSTGVO also lies in these purposes.

4 Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Possibility of opposition and elimination

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

5. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. The contents of the cookie are specified by the software used to display the site (WordPress) or the customer portal.

2. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSTGVO.

3 Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change. This includes information such as language settings, the “logged-in” status in the customer portal, etc.

The user data collected by technically necessary cookies are not used to create user profiles.

For these purposes, our legitimate interest also lies in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSTGVO.

4. Duration of storage, possibility of objection and elimination

Cookies are stored on the user’s computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website.

6. Newsletter

1. Description and scope of data processing

If you purchase goods or services from our distributor myCommerce and provide them with your e-mail address and enable the “Newsletter” option, we may subsequently use it to send you a newsletter. In such a case, the newsletter will only include information about your purchased products, information about updates or direct advertising for your own similar goods or services.

Subscribers may also be notified by e-mail of circumstances relevant to the service or registration (e.g. changes to the newsletter offer or technical circumstances). You can optionally agree to the newsletter when purchasing one of our products from our partner myCommerce. You can switch the newsletter on and off in the photools.com customer portal at any time. In connection with data processing for the dispatch of newsletters, no data is passed on to third parties. The data will be used exclusively for sending the newsletter.

For an effective registration we need a valid e-mail address. This e-mail address is automatically validated during the purchase process and myCommerce will also send your access data and license keys to this e-mail. The myCommerce Privacy Police can be found here.

2. Legal basis for data processing

The legal basis for sending the newsletter as a result of the sale of goods or services is Section 7 para. 3 UWG.

3. Purpose of data processing

The collection of the user’s e-mail address serves to send the newsletter.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. The user’s e-mail address is therefore stored as long as the subscription to the newsletter is active or as long as the customer does not explicitly have his customer data deleted in the customer portal. The e-mail address is also used to log on to the customer portal and thus to access products held ready for the customer.

5. Possibility of opposition and elimination

The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, a corresponding link is included in every newsletter. In addition, the user can cancel the newsletter at any time directly in the customer portal or inform us of his request via the contact options available on the support page.

7. Registration

Note: The standard language in the community is English.

1. Description and scope of data processing

On our photools.com community website, we offer users the opportunity to register by providing personal data. The data is entered into an input mask and transmitted to us and saved. The data will not be passed on to third parties. The following data is collected during the registration process:

E-mail address, user name, password, IP address during registration, date and time. The user may voluntarily provide additional information.

In the course of the registration process, the user’s consent to the processing of this data is obtained.

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a DSTGVO if the user has given his consent.

3. Purpose of data processing

A registration of the user is necessary for the provision of certain contents and services on our website and the photools.com community. A user cannot actively participate in the community if he does not log in with his user data. Its user name is used to identify other users of the community so that they know with whom they are communicating.

The storage also takes place for our security, if a user leaves illegal contents in comments and contributions (threats, insults, political propaganda or the like). In this case we could be prosecuted ourselves and are therefore interested in the identity of the author.

We reserve the right, on the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. f. DSTGVO to process user information for SPAM detection.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected.

This is the case for the data collected during the registration process if the registration on our website is cancelled or changed. It is also the case for all content the user creates in the community (including, but not limited to, posts, replies, polls, personal messages to other community members).

5. Possibility of opposition and elimination

As a user you have the possibility to cancel the community membership at any time. You can change the data stored about you at any time via the means provided by the community system. The deletion or modification of data is carried out at the express request of the user by the community administrator.

6. Deactivation / Deletion by force

If the user does not follow the rules of the community, posted unauthorized content, insulted or threatened other users, his user account can be deactivated or deleted by one of the community administrators. We do not tolerate abuse and want to create a helpful and pleasant community for all users.

7. Community content subscriptions

Users can subscribe to any board in their community settings. In this case you will receive an e-mail from the community software to your e-mail address stored in the community. Users can disable this feature in the same way. The user ensures that he uses only e-mail addresses belonging to him in the community.

8. Contact form and email contact

1. Description and scope of data processing

We may offer a contact form on our website, which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. This data is: E-mail address and the content of the message the user is sending.

At the time the message is sent, the following data is also stored: IP address, date and time. Your consent is obtained for the processing of the data within the scope of the sending process and reference is made to this data protection declaration.

Alternatively, you can contact us via the e-mail address provided. In this case, the user’s personal data transmitted by e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a DSTGVO if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSTGVO. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 exp. 1 lit. b DSTGVO.

3. Purpose of data processing

The processing of the personal data from the input mask serves us only for the treatment of the establishment of contact. In the event of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. Possibility of opposition and elimination

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

9. Social Media

We may maintain online presences within social networks to communicate with active users of our products and services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective owners/operators apply.

Unless otherwise stated in this privacy policy, we process the data of users as long as they communicate with us within the social networks and platforms.

10. Rights of the data subject

If personal data are processed by you, you are affected within the meaning of the DSTGVO and you have the following rights vis-à-vis the person responsible:

Note: This website does not process personal data, there is no log-in and no comment function.

If you join the free photools.community (user discussion forum), more information about you will be stored. The Customer Portal also keeps information about you, such as your email address and license keys. This information is necessary to give you access to your products.

1. Right to information

You can ask the person in charge to confirm whether personal data concerning you will be processed by us.

If such processing has taken place, you can request the following information from the person responsible:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data processed;
  3. the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
  4. the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
  5. the existence of a right to have your personal data concerning you corrected or deleted, a right to have processing restricted by the controller or a right to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. any available information on the origin of the data if the personal data are not collected from the data subject;
  8. the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) DSTGVO and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
  9. You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSTGVO in connection with the transmission.

2. The right to correction

You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you are incorrect or incomplete. The person responsible shall make the correction without delay.

3. Right to limitation of processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

  1. if you dispute the accuracy of the personal data concerning you for a period of time that enables the person responsible to verify the accuracy of the personal data;
  2. the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
  3. the controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
  4. if you have filed an objection to the processing pursuant to Art. 21 para. 1 DSTGVO and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, these data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending rights or for the protection of the rights of another natural or legal person or on grounds of an important public interest of the European Union or a Member State.

If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.

4. Right to cancellation

4.1 Duty to delete

You may request the data controller to delete the personal data relating to you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:

  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSTGVO, and there is no other legal basis for the processing.
  3. You file an objection against the processing pursuant to Art. 21 para. 1 DSTGVO and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 DSTGVO.
  4. The personal data concerning you have been processed unlawfully.
  5. The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
  6. The personal data concerning you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 DSTGVO.

4.2 Information to third parties

If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 DSTGVO, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

4.3 Exceptions

The right to cancellation does not exist insofar as the processing is necessary

  • to exercise freedom of expression and information;
  • for the performance of a legal obligation required for processing under the law of the European Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
  • for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSTGVO;
  • for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSTGVO, insofar as the law referred to under a) is likely to render impossible or seriously impair the attainment of the objectives of such processing, or to assert, exercise or defend legal claims.

5. Right to information

If you have exercised your right to have the data controller correct, delete or limit the processing, he/she is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.

The person responsible shall have the right to be informed of such recipients.

6. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided that

  1. processing is based on consent pursuant to Art. 6 para. 1 lit. a DSTGVO or Art. 9 para. 2 lit. a DSTGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSTGVO and
  2. processing is carried out using automated methods.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.

7. Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under Article 6(1)(e) or (f) of the DSBER; this also applies to profiling based on these provisions.

The data controller no longer processes the personal data concerning you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

8 Right to revoke the data protection declaration of consent

You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision

  1. is necessary for the conclusion or performance of a contract between you and the person responsible,
  2. is admissible under EU or Member State legislation to which the person responsible is subject and that legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests, or
  3. with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSTGVO, unless Art. 9 para. 2 lit. a or g DSTGVO applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.

10. Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or suspect of infringement, if you believe that the processing of personal data concerning you is contrary to the DSTGVO.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 DSTGVO.

11. Third-party content and services

We may include third party services and content. This is done on the basis of our legitimate interests (analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 letter f. DSTGVO). The IP address of the user is regularly transmitted to the respective provider, as otherwise no web content can be delivered.

YouTube

We integrate the videos of the platform “YouTube” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Fonts

We integrate the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Maps

At the explicit request of the user, we integrate the maps of the service “Google Maps” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, into one or more of our applications. The processed data may include in particular IP addresses and location data of the users, which, however, are not collected without their consent (as a rule within the framework of the settings of their mobile devices). The data can be processed in the USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

OpenStreetMap

At the explicit request of the user, we integrate the maps of the “OpenStreetMap” service into one or more of our applications (https://www.openstreetmap.de), which are offered by the OpenStreetMap Foundation (OSMF) on the basis of the Open Data Commons Open Database License (ODbL). Privacy Policy: https://wiki.openstreetmap.org/wiki/Privacy_Policy). As far as we know, OpenStreetMap will only use the user’s data for the purpose of displaying the map functions and temporarily storing the selected settings. This data may include in particular the IP addresses and location data of users, which, however, may not be collected without their consent (as a rule within the framework of the settings of their mobile devices). The data can be processed in the USA. For more information, please refer to the OpenStreetMap Privacy Policy: https://wiki.openstreetmap.org/wiki/Privacy_Policy.

Bing Maps

At the explicit request of the user, we integrate the maps of the “Bing Maps” service (https://www.bing.com/maps) into one or more of our applications. The data protection regulations of Microsoft Germany (https://privacy.microsoft.com/DE-DE/privacystatement/) or the country-specific variant you use apply.

Microsoft Translator

One or more of the apps we provide may use the services of Microsoft Translator, whereby the data protection regulations of Microsoft Germany (https://privacy.microsoft.com/DE-DE/privacystatement/) or the country-specific variant you use apply. In case of use of Microsoft Azure services, Microsoft’s privacy policy applies.

12. photools.com Webservices

Some of our applications use services provided by the photools.com web site or associated sites or cloud services. For these services, this privacy statement applies.