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DATA PROTECTION

Responsible Person

 

Kristin Preßler

c/O Group Practise

Riemannstraße 38

04107 Leipzig

info(at)loslassen-leipzig.de

 

Overview of processing operations


The following overview summarizes the types of data processed and the purposes for which they are processed, and refers to the data subjects.

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Types of data processed

  • Inventory data.

  • Payment data.

  • Location data.

  • Contact data.

  • Content data.

  • Contract data.

  • Usage data.

  • Meta, communication, and procedural data.

  • Log data.

 

Categories of persons concerned

  • Service recipients and clients.

  • Interested parties.

  • Communication partners.

  • Users.

  • Business and contractual partners.

 

Purposes of processing

  • Provision of contractual services and fulfillment of contractual obligations.

  • Communication.

  • Security measures.

  • Direct marketing.

  • Office and organizational procedures.

  • Organizational and administrative procedures.

  • Feedback.

  • Marketing.

  • Provision of our online offering and user-friendliness.

  • Information technology infrastructure.

  • Public relations.

  • Sales promotion.

  • Business processes and business management procedures.

 

Relevant legal basis

 

Relevant legal bases under the GDPR:

Below you will find an overview of the legal bases under the GDPR on which we process personal data. Please note that, in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or registered office. If more specific legal bases are relevant in individual cases, we will inform you of these in the privacy policy.

  • Consent (Art. 6(1)(a) GDPR) - The data subject has given consent to the processing of their personal data for one or more specific purposes.

  • Performance of a contract and pre-contractual inquiries (Art. 6(1)(b) GDPR) - Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

  • Legal obligation (Art. 6 (1) (c) GDPR) - Processing is necessary for compliance with a legal obligation to which the controller is subject.

  • Legitimate interests (Art. 6 (1) (f) GDPR) - Processing is necessary for the purposes of the legitimate interests pursued by the controller 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.

 

National data protection regulations in Germany:

In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. These include, in particular, the Act on the Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act – BDSG). The BDSG contains, in particular, special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transfer, as well as automated decision-making in individual cases, including profiling. Furthermore, state data protection laws of the individual federal states may also apply.

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Note on the applicability of the GDPR and Swiss DSG:

This privacy policy serves to provide information in accordance with both the Swiss DSG and the General Data Protection Regulation (GDPR). For this reason, please note that the terms used in the GDPR are used due to their broader geographical application and comprehensibility. In particular, instead of the terms “processing” of “personal data,” “overriding interest,” and “sensitive personal data” used in the Swiss FADP, the terms ‘processing’ of “personal data,” “legitimate interest,” and “special categories of data” used in the GDPR are used. However, the legal meaning of the terms will continue to be determined in accordance with the Swiss DSG within the scope of the Swiss DSG.

 

Security and safety measures

 

In accordance with legal requirements, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, implementation costs, and the nature, scope, circumstances, and purposes of the processing, as well as the varying likelihood and severity of threats to the rights and freedoms of natural persons.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical and electronic access to the data as well as access, input, transfer, availability, and separation. Furthermore, we have established procedures to ensure that the rights of data subjects are exercised, data is deleted, and responses are made to threats to data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software, and procedures in accordance with the principle of data protection, through technology design and data protection-friendly default settings.

 

Transfer of personal data

 

As part of our processing of personal data, it may happen that this data is transferred to or disclosed to other departments, companies, legally independent organizational units, or individuals. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data to protect your data.

 

International data transfers

 

Data processing in third countries:

If we transfer data to a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of using third-party services or disclosing or transferring data to other persons, agencies, or companies (which can be identified by the postal address of the respective provider or if the privacy policy expressly refers to the transfer of data to third countries), this is always done in accordance with legal requirements.

For data transfers to the USA, we primarily rely on the Data Privacy Framework (DPF), which was recognized as a secure legal framework by an adequacy decision of the EU Commission on July 10, 2023. In addition, we have concluded standard contractual clauses with the respective providers that comply with the requirements of the EU Commission and establish contractual obligations to protect your data.

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This dual safeguard ensures comprehensive protection for your data: the DPF forms the primary level of protection, while the standard contractual clauses serve as additional security. Should changes arise within the framework of the DPF, the standard contractual clauses serve as a reliable fallback option. This ensures that your data remains adequately protected even in the event of political or legal changes.

We will inform you whether individual service providers are certified under the DPF and whether standard contractual clauses are in place. Further information on the DPF and a list of certified companies can be found on the US Department of Commerce website at https://www.dataprivacyframework.gov/.

Appropriate security measures apply to data transfers to other third countries, in particular standard contractual clauses, explicit consent, or transfers required by law. Information on third-country transfers and applicable adequacy decisions can be found in the information provided by the EU Commission:

 https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection_en?prefLang=de.

General information on data storage and deletion

 

We delete personal data that we process in accordance with legal requirements as soon as the underlying consent is revoked or there is no further legal basis for processing. This applies to cases where the original purpose of processing no longer applies or the data is no longer required. Exceptions to this rule exist if legal obligations or special interests require longer storage or archiving of the data.

In particular, data that must be retained for commercial or tax reasons, or whose storage is necessary for criminal prosecution or to protect the rights of other natural or legal persons, must be archived accordingly.

Our privacy policy contains additional information on the storage and deletion of data that applies specifically to certain processing operations.

If there are several specifications regarding the retention period or deletion periods for a data set, the longest period always applies. We process data that is no longer required for its original purpose but is retained due to legal requirements or other reasons exclusively for the reasons that justify its retention.

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Storage and deletion of data:

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The following general periods apply to storage and archiving under German law:

  • 10 years – retention period for books and records, annual financial statements, inventories, management reports, opening balance sheets, and the work instructions and other organizational documents necessary for their understanding (Section 147 (1) No. 1 in conjunction with (3) AO, § 14b (1) UStG, § 257 (1) No. 1 in conjunction with (4) HGB) .

  • 8 years – Accounting documents such as invoices and expense receipts (Section 147 (1) No. 4 and 4a in conjunction with (3) sentence 1 AO and Section 257 (1) No. 4 in conjunction with (4) HGB).

  • 6 years – Other business documents: incoming commercial or business letters, copies of commercial or business letters sent, other tax-relevant documents, e.g. payroll statements, operating statements, calculation documents, price tags, but also payroll documents, unless these are already accounting documents, as well as cash receipts (Section 147 (1) Nos. 2, 3, 5 in conjunction with (3) AO, Section 257 (1) Nos. 2 and 3 in conjunction with (4) HGB).

  • 3 years – Data required for the examination of potential warranty and damage claims or similar contractual claims and rights, as well as for the processing of related inquiries, will be stored for the duration of the regular statutory limitation period of three years (195, 199 BGB) based on previous business experience and industry practices.

 

Rights of data subjects

 

Rights of data subjects under the GDPR:

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

  • Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing purposes; this also applies to profiling insofar as it is related to such direct marketing.

  • Right of withdrawal: You have the right to withdraw your consent at any time.

  • Right to information: You have the right to request confirmation as to whether data concerning you is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with the statutory provisions.

 

  • Right to rectification: In accordance with legal provisions, you have the right to request that your data be completed or that inaccurate data be corrected.

  • Right to erasure and restriction of processing: In accordance with legal provisions, you have the right to request the immediate erasure of your data or, alternatively, to request a restriction on the processing of the data in accordance with legal provisions.

  • Right to data portability: You have the right to receive the data concerning you that you have provided to us in a structured, commonly used, and machine-readable format in accordance with legal provisions, or to request that it be transferred to another controller.

  • Complaint to a supervisory authority: Without prejudice to other administrative or judicial remedies, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of your personal data infringes the provisions of the GDPR.

 

Business services

 

We process data from our contractual partners and business partners, e.g., customers and interested parties (collectively referred to as “contractual partners”), within the framework of contractual and comparable legal relationships and associated measures, as well as with regard to communication with contractual partners (or pre-contractual), for example, to respond to inquiries.

We use this data to fulfill our contractual obligations. These include, in particular, obligations to provide the agreed services, any update obligations, and remedial measures in the event of warranty and other service disruptions. In addition, we use the data to protect our rights and for the administrative tasks associated with these obligations, as well as for company organization. We also process the data on the basis of our legitimate interests in proper and economical business management and in security measures to protect our contractual partners and our business operations from misuse, endangerment of their data, secrets, information, and rights (e.g., for the involvement of telecommunications, transport, and other auxiliary services, as well as subcontractors, banks, tax and legal advisors, payment service providers, or tax authorities). 

Within the framework of the applicable legal provisions, we only pass on the data of contractual partners to third parties to the extent that this is necessary for the above-mentioned purposes or to fulfill legal obligations. Contractual partners will be informed about other forms of processing, for example for marketing purposes, within the framework of this privacy policy.

We inform our contractual partners before or during data collection, e.g. in online forms, by means of special markings (e.g. colors) or symbols (e.g. asterisks or similar) or in person, which data is required for the above-mentioned purposes.

We delete the data after the expiry of the statutory warranty and comparable obligations, i.e. usually after four years, unless the data is stored in a customer account, e.g. as long as it must be retained for archiving purposes for legal reasons (e.g. for tax purposes, usually ten years). We delete data that the contractual partner has provided to us within the scope of an order in accordance with the specifications and, as a rule, after completion of the order:

  • Types of data processed: Inventory data (e.g., full name, residential address, contact details, customer number, etc.); payment data (e.g., bank details, invoices, payment history); contact details (e.g., postal and email addresses or telephone numbers). Contract data (e.g., subject matter of the contract, term, customer category).

  • Data subjects: Service recipients and customers; interested parties. Business and contractual partners.

  • Purposes of processing: Provision of contractual services and fulfillment of contractual obligations; communication; office and organizational processes; organizational and administrative processes. Business processes and business management processes.

  • Storage and deletion: Deletion in accordance with the information in the section “General information on data storage and deletion.”

  • Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 (1) (b) GDPR); legal obligation (Art. 6 (1) (c) GDPR); legitimate interests (Art. 6 (1) (f) GDPR).

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Provision of online services and web hosting

 

We process user data in order to provide you with our online services. For this purpose, we process the user's IP address, which is necessary to transmit the content and functions of our online services to the user's browser or end device.

Types of data processed:

  • Usage data (e.g., page views and dwell time, click paths, usage intensity and frequency, device types and operating systems used, interactions with content and functions); Meta, communication, and process data (e.g., IP addresses, timestamps, identification numbers, persons involved). Log data (e.g., log files for logins or for retrieving data or access times).

  • Data subjects: Users (e.g., website visitors, users of online services).

  • Purposes of processing: Provision of our online offering and user-friendliness; information technology infrastructure (operation and provision of information systems and technical equipment (computers, servers, etc.)). Security measures.

  • Storage and deletion: Deletion in accordance with the information in the section “General information on data storage and deletion.”

  • Legal basis: Legitimate interests (Art. 6 (1) (f) GDPR).

 

Further information on processing procedures, methods, and services:

  • Collection of access data and log files: Access to our online offering is logged in the form of so-called “server log files.” Server log files may contain the address and name of the websites and files accessed, the date and time of access, the amount of data transferred, notification of successful access, the browser type and version, the user's operating system, the referrer URL (the previously visited page), and usually the IP addresses and the requesting provider. The server log files can be used for security purposes, e.g. to prevent server overload (especially in the case of malicious attacks, known as DDoS attacks) and to ensure server utilization and stability; legal basis: legitimate interest (Art. 6 (1) (f) GDPR).

  • Deletion of data: The log file information is stored for a maximum of 30 days and then deleted or anonymized. Data that must be retained for evidentiary purposes is excluded from deletion until the respective incident has been conclusively clarified.

 

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Use of cookies

 

The term “cookies” refers to functions that store and read information on users' end devices. Cookies can also be used for various purposes, for example to ensure the functionality, security, and user-friendliness of online offerings and to analyze visitor flows. We use cookies in accordance with legal requirements. To do so, we obtain the consent of users in advance, if necessary. If consent is not required, we rely on our legitimate interests. This is the case if the storage and retrieval of information is essential to provide expressly requested content and functions. This includes, for example, storing settings and ensuring the functionality and security of our online offering. Consent can be revoked at any time. We provide clear and concise information about the scope of consent and which cookies are used.

Information on the legal basis for data protection:

Whether we process personal data using cookies depends on consent. If consent has been given, this serves as the legal basis. Without consent, we rely on our legitimate interests, which are explained above in this section and in connection with the respective services and procedures.

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Storage duration:

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With regard to storage duration, the following types of cookies are distinguished:

  • Temporary cookies (also known as session cookies): Temporary cookies are deleted at the latest after a user leaves an online offering and closes their device (e.g., browser or mobile application).

  • Permanent cookies: Permanent cookies remain stored even after the device is closed. This allows, for example, the login status to be saved and preferred content to be displayed directly when the user visits a website again. The user data collected with the help of cookies can also be used to measure reach. Unless we expressly inform users about the type and storage period of cookies (e.g., when obtaining consent), they should assume that they are permanent and that the storage period can be up to two years.

 

General information on revocation and objection (opt-out):

Users can revoke their consent at any time and also object to processing in accordance with the statutory provisions, including via the privacy settings of their browser.

 

Types of data processed: Meta, communication, and procedural data (e.g., IP addresses, timestamps, identification numbers, persons involved).

Data subjects: Users (e.g., website visitors, users of online services).

Legal basis: Legitimate interests (Art. 6(1)(f) GDPR). Consent (Art. 6(1)(a) GDPR).

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Further information on processing procedures, methods, and services:

 

Users also have the option of managing and revoking their consent. The declarations of consent are stored in order to avoid repeated queries and to be able to provide proof of consent in accordance with legal requirements. Storage takes place on the server side and/or in a cookie (so-called opt-in cookie) or using comparable technologies in order to be able to assign consent to a specific user or their device.

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If no specific information is available about the providers of consent management services, the following general information applies: Consent is stored for up to two years. A pseudonymous user ID is created and stored together with the time of consent, details of the scope of consent (e.g., relevant categories of cookies and/or service providers), and information about the browser, system, and device used. Legal basis: Consent (Art. 6 (1) (a) GDPR). 

Processing of cookie data based on consent: We use a consent management solution that obtains the consent of users to the use of cookies or to the procedures and providers specified in the consent management solution. This procedure serves to obtain, log, manage, and revoke consent, in particular with regard to the use of cookies and similar technologies used to store, read, and process information on users' end devices. As part of this procedure, users' consent is obtained for the use of cookies and the associated processing of information, including specific processing and the providers specified in the consent management procedure. 

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Contact and inquiry management

 

When contacting us (e.g., via contact form, email, telephone, or social media) and within the scope of existing user and business relationships, the information provided by the inquiring persons will be processed to the extent necessary to respond to contact requests and to carry out the desired measures.

  • Types of data processed: Inventory data (e.g., full name, residential address, contact details, customer number, etc.); contact details (e.g., postal and email addresses or telephone numbers); content data (e.g., text or image messages and posts, as well as information about them, such as details of authorship or creation time); Usage data (e.g., page views and dwell time, click paths, usage intensity and frequency, device types and operating systems used, interactions with content and functions). Meta, communication, and procedural data (e.g., IP addresses, timestamps, identification numbers, persons involved).

  • Data subjects: Communication partners.

  • Purposes of processing: Communication; organizational and administrative processes; feedback (e.g., collection of feedback via online form). Provision of our online offering and user-friendliness.

  • Storage and deletion: Deletion in accordance with the information in the section “General information on data storage and deletion.”

  • Legal basis: Legitimate interests (Art. 6(1)(f) GDPR). Contract fulfillment and pre-contractual inquiries (Art. 6(1)(b) GDPR).

 

Further information on processing procedures, methods, and services:

Contact form: If you contact us via our contact form, by email, or via other means of communication, we will process the personal data you provide in order to respond to and process your request. This usually includes information such as your name, contact details, and, if applicable, other information you provide to us that is necessary for the proper processing of your request. We use this data exclusively for the stated purpose of establishing contact and communication; legal bases: fulfillment of a contract and pre-contractual inquiries (Art. 6 (1) (b) GDPR), legitimate interests (Art. 6 (1) (f) GDPR).

Advertising communication via email or telephone

 

We process personal data for advertising communication purposes, which may be carried out via various channels, such as email or telephone, in accordance with legal requirements.

Recipients have the right to revoke their consent at any time or to object to advertising communications at any time.

After revocation or objection, we store the data necessary to prove previous authorization for contact or mailing for up to three years after the end of the year of revocation or objection on the basis of our legitimate interests. The processing of this data is limited to the purpose of a possible defense against claims. On the basis of the legitimate interest in permanently observing the revocation or objection of users, we also store the data necessary to avoid renewed contact (e.g., depending on the communication channel, the email address, telephone number, name).

  • Types of data processed: Inventory data (e.g., full name, residential address, contact information, customer number, etc.); contact data (e.g., postal and email addresses or telephone numbers). Content data (e.g., text or image messages and posts, as well as information relating to them, such as details of authorship or time of creation).

  • Data subjects: Communication partners.

  • Purposes of processing: Direct marketing (e.g., by email or post); marketing. Sales promotion.

  • Storage and deletion: Deletion in accordance with the information in the section “General information on data storage and deletion.”

  • Legal basis: Consent (Art. 6 (1) (a) GDPR). Legitimate interests (Art. 6 (1) (f) GDPR).

 

Presence on social networks (social media)

 

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

We would like to point out that user data may be processed outside the European Union. This may result in risks for users, as it could, for example, make it more difficult to enforce user rights.

Furthermore, user data within social networks is generally processed for market research and advertising purposes. For example, usage profiles can be created based on the usage behavior and resulting interests of users. The latter may in turn be used to place advertisements within and outside the networks that are presumed to correspond to the interests of the users. For this reason, cookies are usually stored on users' computers, in which their usage behavior and interests are stored. In addition, data can also be stored in the usage profiles independently of the devices used by the users (especially if they are members of the respective platforms and are logged in there).

For a detailed description of the respective forms of processing and the options for objection (opt-out), we refer you to the privacy policies and information provided by the operators of the respective networks.

In the case of requests for information and the assertion of data subject rights, we would also like to point out that these can be most effectively asserted with the providers. Only the latter have access to the user data and can take appropriate measures and provide information directly. However, if you still require assistance, please contact us.

  • Types of data processed: Contact details (e.g., postal and email addresses or telephone numbers); content data (e.g., text or image messages and posts, as well as information relating to them, such as details of authorship or time of creation). Usage data (e.g., page views and dwell time, click paths, usage intensity and frequency, device types and operating systems used, interactions with content and functions).

  • Data subjects: Users (e.g., website visitors, users of online services).

  • Purposes of processing: Communication; feedback (e.g., collecting feedback via online form). Public relations.

  • Storage and deletion: Deletion in accordance with the information in the section “General information on data storage and deletion.”

  • Legal basis: Legitimate interests (Art. 6(1)(f) GDPR).

 

Further information on processing operations, procedures, and services:

  • Instagram: Social network that allows users to share photos and videos, comment on and favorite posts, send messages, and subscribe to profiles and pages;

  • Service provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; Legal basis: Legitimate interests (Art. 6(1)(f) GDPR); Website: https://www.instagram.com;

  • Privacy policy: https://privacycenter.instagram.com/policy/. Basis for third country transfers: Data Privacy Framework (DPF).

 

Plug-ins and embedded functions and content

 

We integrate functional and content elements into our online offering that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These may be graphics, videos, or city maps (hereinafter referred to collectively as “content”).

The integration always requires that the third-party providers of this content process the IP address of the users, as they would not be able to send the content to their browsers without the IP address. The IP address is therefore necessary for the display of this content or these functions. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, visit time, and other information about the use of our online offering, but may also be linked to such information from other sources.

 

Information on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for data processing is consent. Otherwise, user data is processed on the basis of our legitimate interests (i.e., interest in efficient, economical, 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 privacy policy.

Types of data processed:

  • Usage data (e.g., page views and length of stay, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and functions); Meta, communication, and procedural data (e.g., IP addresses, time stamps, identification numbers, persons involved). Location data (information about the geographical position of a device or person).

  • Data subjects: Users (e.g., website visitors, users of online services).

  • Purposes of processing: Provision of our online offering and user-friendliness.

  • Storage and deletion: Deletion in accordance with the information in the section “General information on data storage and deletion.” Storage of cookies for up to 2 years (Unless otherwise specified, cookies and similar storage methods may be stored on users' devices for a period of two years).

  • Legal basis: Consent (Art. 6 (1) (a) GDPR). Legitimate interests (Art. 6 (1) (f) GDPR).

 

Further information on processing procedures, methods, and services:

Google Maps:

We integrate maps from the Google Maps service provided by Google. The data processed may include, in particular, users' IP addresses and location data; service provider: Google Cloud EMEA Limited, 70 Sir John Rogerson's Quay, Dublin 2, Ireland; Legal basis: Consent (Art. 6 (1) (a) GDPR); Website: https://mapsplatform.google.com/; Privacy policy: https://policies.google.com/privacy. Basis for third-country transfers: Data Privacy Framework (DPF).

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