Privacy Policy

1. Privacy at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. For detailed information on data protection, please refer to our privacy policy set out below this text.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find the operator’s contact details in the section “Information about the controller” in this privacy policy.

How do we collect your data?

Some of your data is collected when you provide it to us. This may, for example, be data that you enter into a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is mainly technical data (e.g., web browser, operating system, or time of page access). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyze your user behavior. If contracts can be concluded or initiated via the website, the data transmitted will also be processed for contract offers, orders, or other order inquiries.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipients, and purpose of your stored personal data. You also have the right to request the rectification or erasure of this data. If you have given consent to data processing, you can withdraw this consent at any time with effect for the future. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time about this and any other questions regarding data protection.

2. Hosting

We host the content of our website with the following provider:

External hosting

This website is hosted externally. The personal data collected on this website is stored on the servers of the host(s). This may include, in particular, IP addresses, contact inquiries, metadata and communication data, contract data, contact details, names, website access data, and other data generated via a website.

External hosting is used for the purpose of performing contracts with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of secure, fast, and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR). If consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) of the German Telecommunications Digital Services Data Protection Act (TDDDG), insofar as the consent covers the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent can be withdrawn at any time.

Our host(s) will only process your data to the extent necessary to fulfill its/their performance obligations and will follow our instructions with regard to this data.

We use the following host(s):

Netlify, Inc.
44 Montgomery Street, Suite 300
San Francisco, CA 94104
USA

Netlify, Inc. is certified under the EU-U.S. Data Privacy Framework (DPF); transfers to the USA are based on the European Commission’s adequacy decision of July 10, 2023 (Art. 45 GDPR).

3. General information and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

Please note that data transmission over the internet (e.g., when communicating by email) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

Information about the controller

The controller responsible for data processing on this website is:

Ania Wanda Karina Kawa
Rosmarinweg 48
70374 Stuttgart-Bad Cannstatt

Phone: +49 176 63388719
Email: hello@mindfulmodels.de

The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data (e.g., names, email addresses, or similar).

Storage period

Unless a more specific storage period has been stated in this privacy policy, your personal data will remain with us until the purpose for which it was processed no longer applies. If you assert a justified request for erasure or withdraw your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., retention periods under tax or commercial law); in the latter case, the data will be deleted once these reasons cease to apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or, if special categories of data are processed pursuant to Art. 9(1) GDPR, Art. 9(2)(a) GDPR. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49(1)(a) GDPR. If you have consented to the storage of cookies or to access to information on your device (e.g., via device fingerprinting), the data processing is additionally based on Section 25(1) TDDDG. Consent can be withdrawn at any time. If your data is required for the performance of a contract or for taking pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required to comply with a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. Data processing may also be carried out on the basis of our legitimate interest pursuant to Art. 6(1)(f) GDPR. The legal bases relevant in each individual case are set out in the following paragraphs of this privacy policy.

Recipients of personal data

In the course of our business activities, we work with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only disclose personal data to external parties if this is necessary for the performance of a contract, if we are legally obliged to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest pursuant to Art. 6(1)(f) GDPR in the disclosure, or if another legal basis permits the disclosure. When using processors, we only disclose our customers’ personal data on the basis of a valid data processing agreement (DPA). In the case of joint processing, a joint controllership agreement is concluded.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your express consent. You can withdraw consent you have already given at any time. The withdrawal does not affect the lawfulness of the data processing carried out before the withdrawal.

Right to object to data collection in special cases and to direct marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, TO THE PROCESSING OF YOUR PERSONAL DATA; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE LEGAL BASIS ON WHICH ANY PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of infringements of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work, or the place of the alleged infringement. The right to lodge a complaint is without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done to the extent technically feasible.

Access, rectification, and erasure

Within the scope of the applicable statutory provisions, you have the right at any time to obtain information free of charge about your stored personal data, its origin and recipients, and the purpose of the data processing and, where applicable, a right to rectification or erasure of this data. You can contact us at any time about this and any other questions regarding personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this purpose. The right to restriction of processing exists in the following cases:

If you contest the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of erasure.
If we no longer need your personal data, but you need it to exercise, defend, or establish legal claims, you have the right to request the restriction of the processing of your personal data instead of erasure.
If you have lodged an objection pursuant to Art. 21(1) GDPR, your interests and ours must be weighed against each other. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data – apart from its storage – may only be processed with your consent, for the establishment, exercise, or defense of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or of a member state.

Objection to advertising emails

We hereby object to the use of the contact details published as part of our mandatory legal notice for sending advertising and information materials that have not been expressly requested. The operators of this website expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, for example by spam email.

4. Data collection on this website

Eventfrog ticket shop

On our event page, you can activate the Eventfrog ticket shop with “Choose session”. Without this activation, no connection to Eventfrog is established there. Alternatively, you can book via a direct link on eventfrog.de.

After activation, your browser loads the ticket shop and its resizing function from Eventfrog. In the process, Eventfrog receives, among other things, your IP address and technical connection data. Ticket selection, booking data, and payment are processed in the Eventfrog ticket shop. We do not operate our own participant or payment entry form on this website. Details on the responsibilities and on how the event is handled can be found in the event privacy notice linked before booking.

The ticket shop is only embedded after you have deliberately activated it. You can end the embedding via “Close ticket shop”; this does not undo any transmissions that have already taken place. Any additional cookies or optional services within the ticket shop are governed by the settings offered there and by Eventfrog’s privacy policy. We keep a cookie selection made in the ticket shop in memory only for as long as the embedded ticket shop is open.

Closed event notice

If you close the event notice on the homepage, we store only this decision in your browser’s session storage. The notice then remains closed for the current session. No user identifier and no visitor statistics are created or transmitted in the process. If browser storage is not available, you can still close the notice on the current page.

Language setting

The website is available in German and English. If you switch the language or close the hint suggesting the other language, your browser stores this choice locally (local storage, key “mm-language”), so that the hint is not shown again. The information stays on your device, is not transmitted to us, and contains no personal data. You can delete it at any time via your browser settings. The storage is strictly necessary to provide the function you requested (Section 25(2) No. 2 TDDDG).

Cloudflare Web Analytics

We use Cloudflare Web Analytics, a privacy-friendly service for statistical audience measurement and for measuring the technical performance of our website. The provider is Cloudflare, Inc., 101 Townsend Street, San Francisco, CA 94107, USA.

For this purpose, a lightweight JavaScript module is loaded from static.cloudflareinsights.com when you access our website. It transmits only aggregated usage and performance data to Cloudflare. This may include, in particular, page views and visits, the page path accessed, the referring website, the country, device type, browser, operating system, and measurements of loading time and Core Web Vitals. URL query parameters are not recorded.

In the configuration we use, Cloudflare Web Analytics does not use cookies, local storage, or session storage. No persistent user identifiers are generated, no individual visitor profiles are created, and visitors are not tracked across websites. Cloudflare does not store IP addresses or complete user agent strings for the purpose of web analytics, nor does it use them to recognize individual persons.

The processing is based on Art. 6(1)(f) GDPR. Our legitimate interest lies in a data-minimizing, aggregated analysis of usage and in improving the content, stability, and loading performance of our website. Since Cloudflare Web Analytics in this configuration does not use cookies or comparable storage technologies and does not store or read any information on your device for recognition purposes, we do not obtain consent under Section 25(1) TDDDG for it. For this reason, no consent banner is displayed for Cloudflare Web Analytics.

Cloudflare processes the data under a data processing agreement. For transfers to the USA, Cloudflare relies on the EU-U.S. Data Privacy Framework and additionally on the European Commission’s standard contractual clauses (SCC). The statistical data available in Cloudflare Web Analytics is kept for a maximum of six months.

Further information can be found in the information on Cloudflare Web Analytics, Cloudflare’s privacy policy, and the Cloudflare Data Processing Addendum.

Requesting and booking the 1:1 Consultation

If you request a 1:1 Consultation via our request form, we process the information you enter: first and last name, email address, whether you are 18 or older, for minors the name and email address of a parent or legal guardian, optionally links to your Instagram or model profile, portfolio, and your polaroids, the topics you selected, your message, your preferred appointment times, your browser’s time zone, and the time of the request. We only open the links you provide to prepare for the session; we do not store any content behind the links.

The processing serves to handle your request, to schedule the appointment, to prepare and conduct the consultation, and to process the contract. The legal basis is Art. 6(1)(b) GDPR (pre-contractual measures and performance of the contract). For minors, the binding booking and payment are made by a parent or legal guardian, who concludes the contract in their own name for the benefit of the minor; we therefore send the booking link to their email address. In this case, we process the minor’s data on the basis of our legitimate interest in preparing and performing the contract concluded for their benefit (Art. 6(1)(f) GDPR).

We store the request and booking data in a protected data store of our host Netlify (Netlify Blobs). Only Mindful Models has access, via an internal area secured with personal sign-in links. How long we store the data is explained below under “Storage period”.

To protect the form from misuse, we limit the number of requests. For this purpose, we do not store the IP address and email address in plain text, but only as a non-reversible check value (hash) for a maximum of two days. The legal basis is Art. 6(1)(f) GDPR; our legitimate interest lies in the secure operation of the form. The request function does not set any cookies for visitors. If you open the appointment link from our email, we keep it in session storage only for the current browser session so that the page still works after reloading, and remove it from the address bar; nothing is transmitted to third parties in the process. Likewise, we keep your entries in the multi-step request form until submission, and afterwards a short summary for the confirmation page, only in the session storage of this browser tab; they are deleted when you close the tab. This storage is strictly necessary for the request function you are using (Section 25(2) No. 2 TDDDG).

We send confirmations of receipt, proposed appointments, the contract confirmation, and other messages about your request and booking via the email server of our email provider United Domains.

Appointment booking via Cal.com

For scheduling and binding booking, we use the Cal.com service of Cal.com, Inc., based in the USA. In the request form, we display available times from Ania’s Cal.com calendar; no personal data is transmitted to Cal.com when these times are retrieved.

Once Ania has confirmed or proposed an appointment, we redirect you to Cal.com via a time-limited booking link. In doing so, we only transmit the appointment and a random reference number that we use to match the booking to your request. On the booking page, you enter your name and email address yourself. Cal.com processes this information as well as technical connection data in order to carry out the booking, create the calendar entry and the link to the video call, and send the booking confirmation. Cal.com then automatically informs us of the status of the booking (for example, booked, paid, rescheduled, or canceled); we store this status information and the link to the video call with your request. The legal basis is Art. 6(1)(b) GDPR. For the transfer to the USA, see “Transfers to third countries” below. Further information can be found in Cal.com’s privacy policy.

The consultation takes place via Cal Video, Cal.com’s video service. In the process, the participants’ video and audio as well as technical connection data (for example, IP address, browser and device information) are processed to the extent necessary to conduct the session. We do not record the sessions. The legal basis is Art. 6(1)(b) GDPR and, for the data of participants who are minors, Art. 6(1)(f) GDPR. For the transfer to the USA, see “Transfers to third countries” below.

Payment via Stripe

Payment is made on the Cal.com booking page via the payment service provider Stripe. The provider and our contractual partner is Stripe Payments Europe, Limited, The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland (“Stripe”). You enter your payment data, such as your card details, exclusively with Stripe; it is neither transmitted via our website nor stored by us. If you pay with Apple Pay or Google Pay, the respective service transmits the payment data of the card you have stored there to Stripe in encrypted form; the privacy notices of Apple or Google, respectively, additionally apply to the use of these services. We only store whether the payment was successful. Stripe sends you the payment receipt by email. The legal basis is Art. 6(1)(b) GDPR.

Stripe processes your data not only to handle the payment on our behalf, but also under its own responsibility, for example for fraud prevention and to comply with its own legal obligations, such as the prevention of money laundering. To this extent, Stripe is itself the controller, and Stripe’s privacy policy applies.

Binding booking and contract confirmation

When you click “Book and pay now” on our booking page, we store with your request the time of your order and the declarations you make in doing so: your acceptance of our Terms and Conditions together with the version identifier of the Terms and Conditions and the information on the right of withdrawal, where applicable your express request that the consultation begin before the withdrawal period expires, and, for bookings for minors, your declaration that you are booking as a parent or legal guardian. We do not store your IP address in the process. We confirm receipt of your order by email.

After successful payment, we send you a confirmation of the contract by email with your booking details, our Terms and Conditions, the information on the right of withdrawal, and the model withdrawal form; we store the time it was sent.

We are legally obliged to confirm receipt of the order and the contract (Section 312i(1) sentence 1 No. 3 and Section 312f(2) of the German Civil Code (BGB)); to this extent, the legal basis is Art. 6(1)(c) GDPR. Otherwise, we process the information to perform the contract (Art. 6(1)(b) GDPR) and on the basis of our legitimate interest in being able to prove the conclusion of the contract, your declarations, and the fulfillment of our statutory information obligations (Art. 6(1)(f) GDPR).

Online withdrawal function

Via the “Withdraw from contract” page (mindfulmodels.de/en/withdraw-from-contract), you can withdraw from a contract for the 1:1 Consultation online. In doing so, we process your name, the email address for the confirmation of receipt, the information you provide to identify the contract (for example, booking number, appointment, or the email address used for the booking), an optional message, and the date and time of receipt.

We use this information to match your withdrawal to the contract, to send you a confirmation of receipt by email without undue delay, to process the withdrawal, and to refund any amounts paid. The withdrawal function and the confirmation of receipt are required by law (Section 356a BGB); to this extent, the legal basis is Art. 6(1)(c) GDPR and, for the further processing, Art. 6(1)(b) GDPR. To protect against misuse, we may limit the number of submissions; what is stated above for the request form applies accordingly. You can also declare your withdrawal by email or by letter.

Transfers to third countries

When you request and book the 1:1 Consultation, personal data is also transferred to service providers in the USA:

Netlify (hosting and storage of the request and booking data): Netlify, Inc. is certified under the EU-U.S. Data Privacy Framework. The transfer is based on the European Commission’s adequacy decision of July 10, 2023 (Art. 45 GDPR).
Cal.com (appointment booking, booking confirmation, and video call via Cal Video): The transfer to Cal.com, Inc. is based on the European Commission’s standard contractual clauses (Art. 46(2)(c) GDPR).
Stripe (payment): Insofar as Stripe transfers your data to the USA, this is based on the certification of Stripe, LLC under the EU-U.S. Data Privacy Framework (Art. 45 GDPR); Stripe additionally uses standard contractual clauses.

You can request a copy of the standard contractual clauses from us.

Storage period

Requests that do not result in a contract – including requests that were never answered – are deleted in full 180 days after the last change. During this time, we can still answer follow-up questions about your request.
If a contract has been concluded, as soon as 180 days have passed since the appointment and since the last change, we delete all information that we needed only to prepare and conduct the consultation – in particular your message, the selected topics, links, preferred appointment times, and internal notes.
We retain the contract and evidence data – name and email address, for minors also the name and email address of the parent or legal guardian, appointment, price, payment status, your declarations with the time and version of the texts, the sending of the contract confirmation, and, where applicable, your withdrawal – until the standard limitation period expires. It is three years and begins at the end of the year in which the appointment took place or the contract otherwise ended (Sections 195 and 199 BGB). We need this data in order to assert or defend against claims arising from the contract and to demonstrate compliance with our legal obligations (Art. 6(1)(f) and Art. 17(3)(e) GDPR). If a dispute has not yet been concluded when this period expires, we delete the data concerned only after the dispute has been concluded.
We retain declarations of withdrawal and the associated confirmations of receipt for as long as the contract data to which they belong. If a declaration cannot be matched to a contract, we delete it at the end of the third year following the year in which it was received.
We retain tax-relevant documents such as payment receipts separately from this system for as long as tax law requires (Section 147 of the German Fiscal Code (AO), currently eight years for accounting vouchers; Art. 6(1)(c) GDPR).

Deletion and the reduction to contract and evidence data run automatically every day.

Contact form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.

We deliver your message to ourselves as an email via the email server of our email provider United Domains; it is stored in our email inbox, not on the website. To protect the form from misuse, we limit the number of messages. For this purpose, we do not store your IP address in plain text, but only as a non-reversible check value (hash) for a maximum of two days with our host Netlify. The legal basis is Art. 6(1)(f) GDPR; our legitimate interest lies in the secure operation of the form. The contact form does not set any cookies.

This data is processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the performance of a contract or is necessary for taking pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of the inquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) if this has been requested; consent can be withdrawn at any time.

The data you enter in the contact form will remain with us until you ask us to delete it, withdraw your consent to its storage, or the purpose for storing the data no longer applies (e.g., after we have finished processing your inquiry). Mandatory statutory provisions – in particular retention periods – remain unaffected.

Inquiries by email, phone, or fax

If you contact us by email, phone, or fax, your inquiry, including all personal data resulting from it (name, inquiry), will be stored and processed by us for the purpose of handling your request. We do not pass on this data without your consent.

The data you send us via contact inquiries will remain with us until you ask us to delete it, withdraw your consent to its storage, or the purpose for storing the data no longer applies (e.g., after we have finished handling your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.