Balu Baer

Data Protection (as of January 2021)
1. General Provisions Owner Thiago Machado Mello de Sousa (Balu) reserves the right to change these data protection provisions at any time in compliance with the applicable data protection regulations.
1.1. Personal Data Your personal data voluntarily transmitted (via the online contact form on www.balubaer.com, phone, or email) will be collected, stored, and processed in accordance with the latest data protection regulations (EU-GDPR).
1.2. Links to Other Websites Thiago Machado Mello de Sousa (Balu) contains links to other websites. Thiago Machado Mello de Sousa (Balu) is not responsible for the data you enter on other websites. However, if these websites are based in the EU, they are also subject to the EU-GDPR, but the implementation of this is the responsibility of each website operator. Our data protection policies apply exclusively to data for which I (Thiago Machado Mello de Sousa (Balu)) am responsible.
2. Information Obligations according to Articles 12-14 EU-GDPR We are happy to provide you with all the information describing the nature, purpose, and scope of the processing activities of your personal data.
2.1. Responsible Party Thiago Machado Mello de Sousa (Balu) Pfluggasse 3/2, 1090, Vienna. Email: balu.the.bear.ink@gmail.com
2.2. Purposes of Data Processing Your data will be used, among other things, to contact you regarding your tattoo request, for appointment scheduling, and for any follow-up questions after the tattooing.
Additionally, after the tattooing, Thiago Machado Mello de Sousa (Balu) will create image material (photos, videos) of the tattooed body area and upload it for advertising purposes on www.balubaer.com and social media platforms like Facebook and Instagram.
Before a tattoo is done, the customer must fill out a consent form that includes name, address, email address, and date of birth. Possible health contraindications that would exclude a tattoo are also noted.
If a tattoo is not performed due to health contraindications, this consent form will be immediately destroyed. Otherwise, it will be archived by Thiago Machado Mello de Sousa (Balu) and is not subject to the GDPR. (Federal Law Gazette II – Issued on February 14, 2003 – No. 141, §2, 3, 5) The data noted on it will never be passed on to third parties.
Purpose of Use: Contact, appointment scheduling, follow-up questions, advertising with image material
Data Categories: Name, contact data, address data, image material
2.3. Data Retention Period Contact data will be stored on the email server for up to 6 months for follow-up questions.
Image material will be archived and used online for advertising purposes (see Section 2.2). Thiago Machado Mello de Sousa (Balu) reserves the right to store and use this image material until the customer requests its deletion.
3. Rights of Data Subjects We are happy to inform you about your rights according to the EU-GDPR.
3.1. Rights of Data Subjects according to Articles 15-21 EU-GDPR
- Right of access
- Right to rectification
- Right to erasure ("right to be forgotten")
- Right to restriction of processing
- Right to data portability
- Right to object (in the case of legitimate interest of the controller)
Detailed descriptions can be found here: http://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32016R0679&from=DE © European Union, http://eur-lex.europa.eu/, 1998-2021
https://www.wko.at/service/wirtschaftsrecht-gewerberecht/EU-Datenschutz-Grundverordnung:-Betroffenenrechte.html
3.2. Right to Withdraw Consent according to Article 7 EU-GDPR According to the terms and conditions of Thiago Machado Mello de Sousa, the customer agrees to provide their data for further contact by submitting a contact request via www.balubaer.com or direct contact by phone or email. Each data subject has the right to withdraw their consent at any time. The legality of the processing carried out on the basis of the consent until the withdrawal is not affected by the withdrawal of consent.
3.3. Right to Lodge a Complaint with a Supervisory Authority according to Article 77 EU-GDPR Each data subject has the right to lodge a complaint with a supervisory authority if they believe that the processing of their personal data violates the EU-GDPR.
4. Description of Other Purposes Legitimate interests of the controller according to Article 6 (1) f) EU-GDPR
4.1. Advertising/Marketing: Thiago Machado Mello de Sousa (Balu) will not use your data at any time to contact you for advertising or marketing purposes.
5. Note on the Use of Cookies & Google Analytics This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies,” text files that are stored on your computer and that allow an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
If IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area before transmission. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compile reports on website activity, and provide other services related to website use and internet use to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by adjusting your browser software settings accordingly; however, please note that if you do so, you may not be able to use all the functions of this website to their full extent.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plugin available at http://tools.google.com/dlpage/gaoptout?hl=en.
This website uses Google Analytics with the setting “anonymizeIp,” so that the last part of the IP address is masked to ensure anonymized collection.
For more information on terms of use and data protection, please visit http://www.google.com/analytics/terms/us.html and https://www.google.de/intl/en/policies/.
6. Privacy Policy for the Use of Social Networks
6.1. Facebook (Like Button) Our pages include plugins from the social network Facebook, provided by Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. The Facebook plugins can be recognized by the Facebook logo or the “Like Button” (“Like”) on our site. An overview of the Facebook plugins can be found here: https://developers.facebook.com/docs/plugins. When you visit our pages, a direct connection is established between your browser and the Facebook server via the plugin.
Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook “Like Button” while logged into your Facebook account, you can link the content of our pages to your Facebook profile. This allows Facebook to associate the visit to our pages with your user account. We point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data and its use by Facebook. For more information, please refer to Facebook’s privacy policy at https://www.facebook.com/policy.php. If you do not want Facebook to be able to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account.
See http://www.google.de/intl/de/policies/privacy
6.2. Instagram Our pages include functions of the Instagram service. These functions are integrated by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data and its use by Instagram.
For more information, please refer to Instagram's privacy policy: http://instagram.com/about/legal/privacy/
Terms and Conditions
Responsible for all content (texts, photos, graphics, videos, links): Thiago Machado Mello de Sousa (Balu)
Owner: Thiago Machado Mello de Sousa (Balu) UID: ATU75832627
1. Content of the Online Offer The author assumes no responsibility for the topicality, correctness, completeness, or quality of the information provided. Liability claims against the author regarding material or immaterial damages caused by the use or non-use of the provided information or by the use of incorrect and incomplete information are excluded unless there is proven intentional or grossly negligent fault on the part of the author. All offers are non-binding and without obligation. The author expressly reserves the right to change, supplement, delete parts of the pages or the entire offer without prior notice, or to discontinue the publication temporarily or permanently.
2. References and Links For direct or indirect references to external websites ("links") that lie outside the author's responsibility, a liability obligation would only come into effect if the author had knowledge of the content and it would be technically possible and reasonable for him to prevent the use of illegal content. The author hereby expressly declares that no illegal content was recognizable on the linked pages at the time the link was set. The author has no influence on the current and future design, content, or authorship of the linked/connected pages. Therefore, he hereby expressly distances himself from all contents of all linked/connected pages that were changed after the link was set. This statement applies to all links and references set within the author's own internet offer as well as to third-party entries in guest books, discussion forums, and mailing lists set up by the author. For illegal, incorrect, or incomplete content and especially for damages resulting from the use or non-use of such provided information, only the provider of the page to which reference was made is liable, not the one who merely refers to the respective publication via links.
3. Copyright and Trademark Law The author endeavors to observe the copyrights of the graphics, sound documents, video sequences, and texts used in all publications, to use graphics, sound documents, video sequences, and texts created by himself, or to use license-free graphics, sound documents, video sequences, and texts. All brand names and trademarks mentioned within the internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention does not imply that trademarks are not protected by third-party rights. The copyright for published objects created by the author remains solely with the author of the pages. Any duplication or use of such graphics, sound documents, video sequences, and texts in other electronic or printed publications is not permitted without the author's express consent and will be invoiced if necessary.
4. Data Protection If there is the possibility of entering personal or business data (email addresses, names, addresses) within the internet offer, the disclosure of this data by the user is expressly voluntary. The use and payment of all offered services are - as far as technically possible and reasonable - also permitted without providing such data or by providing anonymized data or a pseudonym.
5. Legal Validity of this Disclaimer This disclaimer is to be regarded as part of the internet offer from which this page was referred. If sections or individual terms of this statement are not, no longer, or not completely legal or correct, the remaining parts of the document remain unaffected in their content and validity.
6. Use of Google Analytics This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help analyze how users use the site. The information generated by the cookie about your use of this website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, compile reports on website activity for website operators, and provide other services related to website activity and internet usage. Google may also transfer this information to third parties if required by law or if such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the full functionality of this website. By using this website, you consent to the processing your data by Google.
General Terms and Conditions
Thiago Machado Mello de Sousa (Balu) – Vienna – As of 08/2020
A – Reservation
(1) Owner Thiago Machado Mello de Sousa (Balu) tattoos persons who have reached the age of 18. Small tattoos in inconspicuous places are only performed on persons from the age of 16 with the consent and presence of a legal guardian. Both the customer and the guardian must identify themselves.
(2) Owner Thiago Machado Mello de Sousa (Balu) does not tattoo persons who: • are under the influence of alcohol and/or drugs; • are in an unstable mental/physical condition; • are pregnant; • have taken blood-thinning medications; • suffer from an immune deficiency disease and/or are hemophiliacs; • suffer from a contagious disease or a skin disease.
(3) Owner Thiago Machado Mello de Sousa (Balu) reserves the right to refuse tattoos if: • the motifs are morally/politically unacceptable; • they are to be placed in the genital area; • they are objectionable for other reasons not listed above.
(4) The customer undertakes to provide truthful information to owner Thiago Machado Mello de Sousa (Balu).
B – Deposit / Withdrawal
(1) Upon appointment booking, owner Thiago Machado Mello de Sousa (Balu) may require a deposit.
(2) The amount of the deposit is 50.00 EUR and is to be paid in cash upon booking. This deposit is generally non-refundable and also serves as the fee for creating the personal design.
(3) The deposit is forfeited in full if: • the customer does not show up for the appointment without an excuse; • the appointment is not canceled in a timely manner (less than 3 business days); • the customer shows up but the appointment cannot proceed as per A, sections 2 and 3.
(4) Owner Thiago Machado Mello de Sousa (Balu) reserves the right to cancel/postpone appointments without giving reasons. The deposit remains valid in this case. The owner does not cover any travel, cancellation, or rebooking costs, which are always borne by the customer.
(5) Owner Thiago Machado Mello de Sousa (Balu) reserves the right to allocate appointments based on the motif and to cancel appointments if the motif request changes after the appointment is booked.
C – Prices and Due Dates
(1) Prices for tattoos depend on the effort, which is defined by size, duration, and placement. Our minimum price is 150.00 EUR. Motifs that can be tattooed in one session are charged based on effort; for motifs requiring more than one session, the price is agreed upon in advance based on hourly/session rates.
(2) Prices include one follow-up appointment for touch-ups, which must take place within 3 months of completion.
(3) The session price is payable in full and in cash immediately after the session.
(4) If payment is not made as per C section 3, owner Thiago Machado Mello de Sousa (Balu) reserves the right to charge a late payment fee of 10 EUR for each business day the customer is in default.
D – Disclaimer
(1) Owner Thiago Machado Mello de Sousa (Balu) assumes no liability for: • subsequent problems due to incorrect aftercare; If a poorly healed tattoo is due to gross neglect of aftercare instructions by the customer, the right to free touch-ups as per C, section 2 is void. • dissatisfaction with the finished tattoo; • spelling errors in the motif.
(2) In the event of complications, the customer must immediately notify the owner Thiago Machado Mello de Sousa (Balu).
E – Immorality
(1) During the application of a tattoo, the owner Thiago Machado Mello de Sousa (Balu) must touch the customer's skin or body at the intended tattoo site; this must under no circumstances be considered immoral behavior. It is expressly voluntary by the customer and is a part of the treatment process.
F – Data Protection
(1) All data filled in this consent form will be treated confidentially and are subject to data protection. Provided data (name, address, phone number, email address) are stored exclusively for documentation purposes and are never disclosed to third parties.
(2) Owner Thiago Machado Mello de Sousa (Balu) takes a photo of the tattooed body part upon completion of the tattoo. The customer agrees that these pictures may be archived and published on the website www.balubaer.com as well as social media platforms like Facebook and Instagram. The customer has the right to request the deletion of these images from the said platforms, the website, and the archive at any time.
G – Copyright
(1) Owner Thiago Machado Mello de Sousa (Balu) reserves the right to publish photographs of completed tattoos/drawings in printed materials, books for sale, sketchbooks for sale, magazines, or on the internet for advertising purposes.
(2) Owner Thiago Machado Mello de Sousa (Balu) assumes no liability if such publication in the media listed in F section 2 inadvertently leads to copies by third parties.
(3) The copyright and usage rights of all designs and drawings remain with owner Thiago Machado Mello de Sousa (Balu) even after tattooing, as the owner only sells the service of tattooing, not the design.
H – Jurisdiction
Jurisdiction is Vienna (Austria).
Information Obligation Statement (Privacy Policy)
The protection of your personal data is a special concern for us. We process your data exclusively based on the legal provisions (GDPR, TKG 2003). In this data protection information, we inform you about the most important aspects of data processing within our website.
Contact with Us
If you contact us via the form on the website or by email, your provided data will be stored for six months for processing the request and in case of follow-up questions. This data will not be disclosed without your consent.
Cookies
Our website uses so-called cookies. These are small text files that are stored on your device using the browser.
We use cookies to make our offer user-friendly. Some cookies remain stored on your device until you delete them. They enable us to recognize your browser on your next visit.
If you do not want this, you can set your browser to inform you about the setting of cookies and allow this only in individual cases. Disabling cookies may limit the functionality of our website.
Your Rights
In principle, you have the right to information, correction, deletion, restriction, data portability, revocation, and objection. If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated, you can complain to the supervisory authority. In Austria, this is the data protection authority.
Thiago Machado Mello de Sousa
BALU BAER TATTOO
Cosmetics (Beauty Care) limited to Tattooing
Pflugggasse 3/2 (Souterrain)
1090 Vienna
CONTACT
Email: balu.the.bear.ink@gmail.com
VAT ID
VAT Identification Number according to § 27a VAT Act: ATU75832627
BUSINESS REGISTRATION
The business registration according to § 340 para. 1 GewO was issued on August 11, 2020, by the Magistrate of the City of Vienna.
SUPERVISORY AUTHORITY
Magistrate's District Office for the 1st and 8th District
Wipplingerstraße 6-8
Staircase 1, 2nd Floor
1010 Vienna
PROFESSIONAL TITLE AND LEGAL REGULATIONS
Professional Title: Cosmetics (Beauty Care) limited to Tattooing
Responsible Chamber: Regional Chamber of Vienna for Foot Care Specialists, Cosmeticians, and Masseurs
Division of Trade and Craft
Street of Vienna Economy 1
1020 Vienna
Granted in: Austria
EDITORIAL RESPONSIBILITY
Thiago Machado Mello de Sousa
Pflugggasse 3/2 (Souterrain)
1090 Vienna
Member of the WKO. Regional Chamber of Cosmetics & Foot Care
Trade Regulation: www.ris.bka.gv.at
Vienna. Certificate of No Objection obtained in Austria.

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