privacy policy imprint
This data protection declaration explains the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Responsible person:
Name/Company.: Dr. Jörg Imran Schröter/smartKhuffZ®
Street Nr.: Am Hagmättle 33
PLZ, City, Country: 79117 Freiburg, Germany
Owner: Dr. Jörg Imran Schröter
Telephonnumber: 0761/76610338
E-Mailadress: info@smartkhuffz.com
Data protection officer:
Name: Dr. Jörg Imran Schröter
Street Nr.: Am Hagmättle 33
PLZ, City, Country: 79117 Freiburg, Germany
Telephonnumber: 0761/76610338
E-Mailadress: info@smartkhuffz.com
Types of data processed:
– Inventory data (z.B., Names, addresses).
– contact details (z.B., E-Mail, Phone numbers).
– Content data (z.B., Text input, photographs, videos).
– Contract data (z.B., Subject of the contract, duration, customer category).
– Payment details (z.B., Bank details, payment history).
– Usage data (z.B., websites visited, interest in content, access times).
– Meta / communication data (z.B., Device information, IP addresses).
Processing of special categories of data (Art. 9 Abs. 1 DSGVO):
No special categories of data are processed.
Categories of persons affected by the processing:
– Customers, interested parties, visitors and users of the online offer, business partners.
– Visitors and users of the online offer.
In the following, we also refer to the data subjects collectively as “users”.
Purpose of processing:
– Provision of the online offer, its content and shop functions.
– Provision of contractual services, service and customer care.
– Answering contact inquiries and communicating with users.
– Marketing, advertising and market research.
– Safety measures.
Status: 12/2020
1. Terms used
1.1. “Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
1.2. Processing “is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data.
1.3. “Responsible” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
2. Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures Answering inquiries is Art. 6 Para. 1 lit.b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit.c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art . 6 para. 1 lit.f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.
3.Changes and updates to the privacy policy
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
4. Safety measures
4.1. In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons, we make suitable technical and organizational measures to ensure a level of protection appropriate to the risk; The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we consider the protection of personal data already in 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 (Art. 25 GDPR).
5. Disclosure and transfer of data
5.1. If we disclose data to other persons and companies (contract processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, according to Art. 6 Para. 1 lit. b GDPR is required to fulfill the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, economic – and legal advisors, customer care, bookkeeping, billing and similar services that allow us to efficiently and effectively fulfill our contractual obligations, administrative tasks and duties).
5.2. If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.
6. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
7. Rights of data subjects
7.1. You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
7.2. You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
7.3. In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.
7.4. You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
7.5. In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority.
8. Right of withdrawal
You have the right to revoke your consent in accordance with Art. 7 Paragraph 3 GDPR with effect for the future.
9. Right to object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.
10. Cookies and right to object to direct mail
10.1. “Cookies” are small files that are stored on the users’ computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can, for example, store the content of a shopping cart in an online shop or a login status. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. “Third-party cookies” are cookies from providers other than the person responsible for operating the online offer (otherwise, if it is only their cookies, they are referred to as “first-party cookies”).
10.2. We use temporary and permanent cookies and clarify this in the context of our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
10.3. We use temporary and permanent cookies and clarify this in the context of our data protection declaration.
If the users do not want cookies to be stored on their computer, a general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website /www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that if you do so, you may not be able to use all the functions of this online offer. Deactivate your browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
11. Deletion of data
11.1. The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.
11.2. Germany: According to legal requirements, the storage takes place in particular for 6 years in accordance with § 257 Paragraph 1 HGB (trading books, inventories, opening balances, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 Paragraph 1 AO (books, records , Management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.
12. Order processing in the online shop and customer account
12.1. We process the data of our customers as part of the order processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery or execution.
12.2. The processed data includes inventory data, communication data, contract data, payment data and the persons concerned our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
12.3. The processing takes place on the basis of Art. 6 Paragraph 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as necessary is required for the establishment and fulfillment of the contract. We only disclose the data to third parties in the context of delivery, payment or in the context of legal permits and obligations to legal advisors and authorities. The data is only processed in third countries if this is necessary to fulfill the contract (e.g. at the customer’s request for delivery or payment).
12.4. Users can optionally create a user account in which they can see their orders in particular. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 Para. 1 lit. c GDPR. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is up to the users to save their data in the event of termination before the end of the contract.
12.5. As part of the registration and renewed logins as well as the use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the users in protection against misuse and other unauthorized use. This data is generally not passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.
12.6. The deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is checked every three years; In the case of the statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation); Information in the customer account remains until it is deleted.
13. Business analysis and market research
13.1.
In order to operate our business economically, to be able to recognize market trends, customer and user wishes, we analyze the data available to us on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit.f.DSGVO, whereby the persons concerned include customers, interested parties, business partners, visitors and users of the online offer. The analyzes are carried out for the purpose of business evaluations, marketing and market research. In doing so, we can take into account the profiles of the registered users with information, e.g. on their purchase processes. The analyzes serve us to increase the user-friendliness, the optimization of our offer and the economic efficiency. The analyzes serve us alone and are not disclosed externally, unless they are anonymous analyzes with summarized values.
13.2. If these analyzes or profiles are personal, they will be deleted or anonymized upon termination by the user, otherwise after two years from the conclusion of the contract. In addition, the overall business analysis and general tendency determinations are created anonymously if possible.
2. Checking the creditworthiness of a customer is permitted if there is otherwise a risk of default, i.e. if the goods are delivered without the payment having arrived (i.e. if the customer chooses to purchase on account). On the other hand, there is no risk of default if the customer chooses, for example, the prepayment option or makes the payment via third-party providers, such as PayPal.
It should also be noted that obtaining an automatic credit report represents an “automated decision in individual cases” according to Art. 22 GDPR, i.e. a legal decision without human involvement. This is permissible if the customer has consented or this decision is necessary for the conclusion of the contract. Whether the decision is necessary has not yet been conclusively clarified, but is often taken as given, including by the author of this sample. However, if you want to exclude any risk, you should obtain consent.
Consent is also necessary if the credit report is already being used to decide whether the option “on account” should be displayed. Because it could have been that the customer would have opted for prepayment or PayPal anyway and the credit check would not have been necessary.
Such consent could be, for example, as follows:
I consent to a credit check being carried out in order to decide in an automated process (Art. 22 GDPR) whether the option of purchase on account is offered. Further information on the credit check, the credit reporting agencies used and the procedure as well as the options for objection can be found in our data protection declaration.
14. Credit Report
14.1. If we make advance payments (e.g. when purchasing on account), we reserve the right to obtain identity and credit information from specialized service companies (credit agencies) for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures in order to safeguard our legitimate interests.
14.2. As part of the credit report, we transmit the following personal data of the customer (name, postal address, date of birth, information on the type of contract, bank details [please provide additional data if necessary]) to the following credit reporting agencies:
[Please indicate the credit agencies here, e.g .:] SCHUFA-Gesellschaft (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), data protection information: https://www.schufa.de/de/ueber-uns/daten-scoring/.
14.3. We process the information received from the credit reporting agencies on the statistical probability of a payment default within the framework of an appropriate discretionary decision on the establishment, implementation and termination of the contractual relationship. In the event of a negative credit check result, we reserve the right to refuse payment on account or any other advance payment.
14.4. The decision as to whether we will make advance payments is made in accordance with Art. 22 GDPR solely on the basis of an automated decision in individual cases made by our software on the basis of information from the credit agency.
14.5 If we obtain your express consent, the legal basis for the credit report and the transmission of the customer’s data to the credit agencies is the consent in accordance with Art. 6 Para. 1 lit. a, 7 GDPR. If consent is not obtained, our legitimate interests in the reliability of your payment claim are the legal basis in accordance with Art. 6 Paragraph 1 lit.
15. Contact and customer service
15.1. When contacting us (using the contact form or email), the information provided by the user is processed in order to process the contact request and to process it in accordance with Article 6 (1) (b) GDPR.
15.2. User information can be saved in our customer relationship management system (“CRM system”) or a comparable request organization.
15.3. We delete the inquiries if they are no longer required. We review the requirement every two years; We permanently save inquiries from customers who have a customer account and refer to the information on the customer account for deletion. The statutory archiving obligations also apply.
16. Collection of access data and log files
16.1. We collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Paragraph 1 lit. The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider .
16.2. For security reasons (e.g. to investigate acts of abuse or fraud), log file information is stored for a maximum of seven days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.
17. Online presence in social media
17.1. On the basis of our legitimate interests within the meaning of Article 6 (1) (f) GDPR, we maintain an online presence within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
17.2. We use Google Analytics in order to display the advertisements placed within Google’s advertising services and its partners only to those users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are based on the visited Websites) that we transmit to Google (so-called “remarketing” or “Google Analytics audiences”). With the help of remarketing audiences, we would also like to ensure that our ads correspond to the potential interest of the users and are not annoying.
18. Google Analytics
18.1. On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use Google Analytics, a web analysis service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.
18.2. Google is certified under the Privacy Shield Agreement and thus offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
18.3. Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and the internet. In doing so, pseudonymous user profiles can be created from the processed data.
18.4. We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases.
18.5. The IP address transmitted by the user’s browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and from processing this data by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
18.6. Further information on data usage by Google, setting and objection options can be found on the Google website: https://www.google.com/intl/de/policies/privacy/partners (“Use of data by Google when you use our partners’ websites or apps”), https://policies.google.com/technologies/ads (“Use of data for advertising purposes”), https://adssettings.google.com/authenticated („Manage information that Google uses to show you advertisements“).
19. Google-Re/Marketing-Services
19.1. We use the marketing and remarketing services (“Google Marketing Services” for short) on the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Paragraph 1 lit. f. GDPR) ”) From Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, (“ Google ”).
19.2. Google is certified under the Privacy Shield Agreement and thus offers a guarantee that it will comply with European data protection law. (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
19.3. The Google Marketing Services allow us to display advertisements for and on our website in a more targeted manner in order to only present users with advertisements that potentially correspond to their interests. If, for example, a user is shown advertisements for products that he was interested in on other websites, this is referred to as “remarketing”. For these purposes, when our and other websites on which Google Marketing Services are active are accessed, Google immediately executes a code from Google and so-called (re) marketing tags (invisible graphics or code, also known as “web Beacons “called) integrated into the website. With their help, an individual cookie, i.e. a small file, is saved on the user’s device (comparable technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, which content he is interested in and which offers he has clicked, as well as technical information on the browser and operating system, referring websites, visiting time and other information on the use of the online offer. The IP address of the user is also recorded, whereby we inform you within the framework of Google Analytics that the IP address will be shortened within member states of the European Union or in other contracting states of the Agreement on the European Economic Area and only in exceptional cases entirely to one Is transferred to a Google server in the USA and shortened there. The IP address is not merged with the user’s data within other Google offers. The aforementioned information can also be combined by Google with information from other sources. If the user then visits other websites, the advertisements tailored to him can be displayed according to his interests.
19.4. The user data is processed pseudonymously as part of the Google Marketing Services. This means that Google does not store and process e.g. the name or email address of the user, but processes the relevant data cookie-related within pseudonymous user profiles. This means that from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie owner, regardless of who this cookie owner is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymization. The information collected about users by Google Marketing Services is transmitted to Google and stored on Google’s servers in the USA.
19.5. The Google marketing services we use include the online advertising program “Google AdWords”. In the case of Google AdWords, each AdWords customer receives a different “conversion cookie”. Cookies cannot therefore be tracked via the websites of AdWords customers. The information obtained with the help of the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The AdWords customers find out the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.
19.6. We can incorporate third-party advertisements on the basis of the Google “DoubleClick” marketing service. DoubleClick uses cookies that enable Google and its partner websites to display ads based on users’ visits to this website or other websites on the Internet.
19.7. We can incorporate third-party advertisements on the basis of the Google “AdSense” marketing service. AdSense uses cookies that enable Google and its partner websites to display ads based on users’ visits to this website or other websites on the Internet.
19.8. We can also use the “Google Optimizer” service. Google Optimizer allows us to understand the effects of various changes to a website (e.g. changes to the input fields, the design, etc.) within the framework of so-called “A / B testing”. For these test purposes, cookies are stored on the users’ devices. Only pseudonymous user data is processed.
19.9. We can also use the “Google Tag Manager” to integrate and manage Google analysis and marketing services on our website.
19.10. You can find more information about the use of data by Google for marketing purposes on the overview page: https://policies.google.com/technologies/ads, Google’s privacy policy is available at https://adssettings.google.com/authenticated.
20. Facebook, Custom Audiences and Facebook Marketing Services
20.1. Due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes, the so-called “Facebook pixel” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025 , USA, or if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (“Facebook”) is used.
20.2. Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
20.3. With the help of the Facebook pixel, Facebook is on the one hand able to determine the visitors of our online offer as a target group for the presentation of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to only display the Facebook ads placed by us to Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are based on the visited Websites) that we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we would also like to ensure that our Facebook ads correspond to the potential interest of the users and are not annoying. With the help of the Facebook pixel, we can also understand the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users have been redirected to our website after clicking on a Facebook ad (so-called “conversion”).
20.4. The processing of the data by Facebook takes place within the framework of Facebook’s data usage guidelines. Accordingly, general information on the presentation of Facebook ads can be found in Facebook’s data usage guidelines: https://www.facebook.com/policy.php. Special information and details about the Facebook pixel and how it works can be found in the Facebook help section: https://www.facebook.com/business/help/651294705016616.
20.5. You can object to the collection by the Facebook pixel and the use of your data to display Facebook ads. To set which types of advertisements are shown to you within Facebook, you can call up the page set up by Facebook and follow the instructions there on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are adopted for all devices such as desktop computers or mobile devices.
20.6. You can also use cookies for range measurement and advertising purposes via the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/) and the US website (http://www.aboutads.info/) choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
21. Facebook Social Plugins
21.1. On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use social plugins (“plugins”) from the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “like”, “like” or a “thumbs up” sign) ) or are marked with the addition “Facebook Social Plugin”. The list and the appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
21.2. Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
21.3. When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plug-in is transmitted directly from Facebook to the user’s device, which integrates it into the online offer. In doing so, user profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore informs users according to our level of knowledge.
21.4. By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example by pressing the Like button or making a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out his IP address and save it. According to Facebook, only an anonymized IP address is saved in Germany.
21.5. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting options to protect the privacy of users can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/.
21.6. If a user is a Facebook member and does not want Facebook to collect data about him through this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and contradictions to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US website http://www.aboutads.info / choices / or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices such as desktop computers or mobile devices.
23. Jetpack (WordPress Stats)
23.1. On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Paragraph 1 lit. Tool for statistical analysis of visitor accesses and from Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Jetpack uses so-called “cookies”, text files that are stored on your computer and that enable your use of the website to be analyzed.
23.2. Automattic ist unter dem Privacy-Shield-Abkommen zertifiziert und bietet hierdurch eine Garantie, das europäische Datenschutzrecht einzuhalten (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
23.3.The information generated by the cookie about your use of this online offer is stored on a server in the USA. In doing so, user profiles can be created from the processed data, whereby these are only used for analysis and not for advertising purposes. Further information can be found in Automattic’s data protection declarations: https://automattic.com/privacy/ and notes on Jetpack cookies: https://jetpack.com/support/cookies/.
24. etracker
24.1. We use the analysis service “etracker” from etracker GmbH, Erste Brunnenstrasse 1 20459 Hamburg, on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR).
24.2. From the data processed by etracker, user profiles can be created under a pseudonym. Cookies can be used for this. The cookies make it possible to recognize your browser again. The data collected with the etracker technologies will not be used to personally identify visitors to our website without the separate consent of the person concerned and will not be merged with personal data about the bearer of the pseudonym. Furthermore, the personal data will only be processed for us, i.e. not merged with personal data collected within other online offers.
24.3. You can object to data collection and storage at any time with effect for the future. In order to object to the collection and storage of your visitor data for the future, you can obtain an opt-out cookie from etracker under the following link, which means that no visitor data from your browser will be collected and stored by etracker in the future: http: // www .etracker.de / privacy? et = Account ID [Please insert your Account ID here].
24.4. By opting out, an opt-out cookie with the name “cntcookie” is set by etracker. Please do not delete this cookie as long as you want to maintain your objection. Further information can be found in the data protection provisions of etracker: http://www.etracker.com/de/datenschutz.html.
26. Amazon affiliate program
26.1. On the basis of our legitimate interests (i.e. interest in the economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR), we are a participant in the Amazon EU partner program, which was designed to provide a medium for websites the placement of advertisements and links to Amazon.de advertising reimbursement can be earned. Amazon uses cookies in order to be able to trace the origin of the orders. Among other things, Amazon can recognize that you clicked the partner link on this website.
26.2. Further information on data usage by Amazon can be found in the company’s privacy policy:
http://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401.
27. Communication by post, email, fax or telephone
27.1 We use means of distance communication, such as post, telephone or e-mail, for business transactions and marketing purposes. We process inventory data, address and contact data as well as contract data from customers, participants, interested parties and communication partners.
27.2 Processing takes place on the basis of Art. 6 Paragraph 1 lit. a, Art. 7 GDPR, Art. 6 Paragraph 1 lit. f GDPR in connection with legal requirements for advertising communications. Contact is only made with the consent of the contact partner or within the framework of legal permissions and the processed data is deleted as soon as it is not required and otherwise with an objection / revocation or elimination of the authorization bases or legal archiving obligations.
Note: Please indicate the contents of the newsletter and the evaluation of the opening and click behavior as part of the registration, i.e. in the registration form, e.g .:
Our newsletter contains information about our products, offers, promotions and our company. Information on data protection, revocation, logging and the performance measurement included in the consent can be found in our [LINK] data protection declaration [/ Link].
If you use a shipping service provider, you must add information about this and can use these examples as a guide (use of a service provider from the EU and one from a third country):
Dispatch service provider: The newsletter is dispatched by CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, hereinafter referred to as “shipping service provider”. You can view the data protection regulations of the shipping service provider here: https://www.cleverreach.com/de/datenschutz/.
Dispatch service provider: The newsletter is dispatched via “MailChimp”, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE # 5000, Atlanta, GA 30308, USA. You can view the data protection regulations of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d / b / a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
Note on the legal basis: Please select the variant for Germany or Austria in the information on the legal basis. Please note that in Austria, due to a provision of the E-Commerce Act (ECG), the so-called “ECG list” must be taken into account. This list is kept by the regulatory authority for telecommunications and broadcasting (RTR-GmbH): https://www.rtr.at/de/tk/TKKS_Spam. It contains the e-mail addresses to which no e-mails may be sent.
28. Newsletter
28.1. With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you declare that you agree to the receipt and the procedures described.
28.2. Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or with legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. In addition, our newsletters contain information about our products, offers, promotions and our company.
28.3. Double opt-in and logging: The registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an email in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with someone else’s e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
28.4. Dispatch service provider: The newsletter is dispatched via “MailChimp”, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE # 5000, Atlanta, GA 30308, USA. You can view the data protection regulations of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d / b / a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
28.5. Insofar as we use a shipping service provider, the shipping service provider can use this data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. for the technical optimization of the shipping and the presentation of the newsletter or for statistical purposes, to determine from which countries the recipients come from. However, the shipping service provider does not use the data of our newsletter recipients to write them down or to pass them on to third parties.
28.6. Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name for the purpose of addressing you personally in the newsletter.
28.7. Success measurement – the newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a shipping service provider, its server. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of retrieval, are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined with the help of the IP address) or the access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our aim nor, if used, that of the shipping service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
28.8. Germany: The dispatch of the newsletter and the performance measurement are based on the consent of the recipient in accordance with Art. 6 Paragraph 1 lit. a, Art. 7 GDPR in conjunction with Section 7 Paragraph 2 No. 3 UWG or on the basis of legal permission in accordance with Art . § 7 Abs. 3 UWG.
28.10. The registration process is logged on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR and serves as proof of consent to receive the newsletter.
11/28 Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consent. You can find a link to cancel the newsletter at the end of each newsletter. At the same time, your consent to the performance measurement expires. A separate revocation of the performance measurement is unfortunately not possible, in this case the entire newsletter subscription must be canceled. When you unsubscribe from the newsletter, the personal data are deleted, unless their retention is legally required or justified, in which case their processing is limited to these exceptional purposes. In particular, we can save the e-mail addresses that have been e-mailed for up to three years on the basis of our legitimate interests before we delete them for the purpose of sending the newsletter in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
29. Integration of services and content from third parties
29.1. We use content or service offers from third-party providers within our online offer based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. Integrate services such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “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 contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, and can also be linked to such information from other sources.
29.2. The following illustration provides an overview of third-party providers and their content, along with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, options for objection (so-called opt-out)
– If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and the data protection notices of the respective third party providers apply, which can be called up within the respective websites or transaction applications.
– External fonts from Google, LLC., https://www.google.com/fonts („Google Fonts“). The integration of Google Fonts takes place by calling up a server on Google (usually in the USA). Data protection: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
-Maps provided by the “Google Maps” service provided by the third-party provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
– Videos from the “YouTube” platform of the third-party provider Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection:https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
– Functions of the Google+ service are integrated into our online offer. These functions are offered by the third party provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. If you are logged into your Google+ account, you can link the contents of our pages to your Google+ profile by clicking the Google+ button. This enables Google to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or their use by Google+. Data protection: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
– Functions of the Instagram service are integrated into our online offer. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This enables Instagram to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Instagram. Data protection: http://instagram.com/about/legal/privacy/.
– We use social plugins from the social network Pinterest, which is operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA (“Pinterest”). When you call up a page that contains such a plugin, your browser establishes a direct connection to the Pinterest servers. The plugin transmits log data to the Pinterest server in the USA. This log data may contain your IP address, the address of the websites visited, which also contain Pinterest functions, the type and settings of the browser, the date and time of the request, your use of Pinterest and cookies. Data protection: https://about.pinterest.com/de/privacy-policy.
– Functions of the service or the Twitter platform can be integrated into our online offer (hereinafter referred to as “Twitter”). Twitter is an offer from Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. The functions include the presentation of our contributions within Twitter within our online offer, the link to our profile on Twitter and the possibility to interact with the contributions and functions of Twitter, as well as to measure whether users have read the advertisements we have placed on Twitter access our online offer (so-called conversion measurement). Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Data protection: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization.
– Our online offering includes functions of the anti-spam system hCaptcha. The service provider is the American company Intuition Machines Inc., 350 Alamaba St. San Francisco, CA 94110, USA. hCaptcha or Intuition Machines Inc. also processes the personal data of our website visitors in the USA. As an active participant in the EU-US Data Privacy Framework, the correct and secure transfer of personal data from EU citizens to the USA is ensured. You can find more information about this at https://commission.europa.eu/document/fa09cbad-dd7d-4684-ae60-be03fcb0fddf_en Intuition Machines also uses so-called standard contractual clauses (= Art. 46 Paragraphs 2 and 3 GDPR). Standard Contractual Clauses (SCC) are templates provided by the EU Commission and are intended to ensure that your data complies with European data protection standards even if it is transferred to third countries (such as the USA) and stored there. Through the EU-US Data Privacy Framework and the Standard Contractual Clauses, Intuition Machines undertakes to comply with European data protection levels when processing your relevant data, even if the data is stored, processed and managed in the USA. These clauses are based on an implementing decision of the EU Commission. You can find the resolution and the corresponding standard contractual clauses here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de. The data processing agreements, which refer to the standard contractual clauses, can be found at https://newassets.hcaptcha.com/dpa/IMI.DPA.9.23.21.New.SCCs.pdf. You can find out more about the data processed through the use of hCaptcha in the data protection declaration at https://www.hcaptcha.com/privacy.
This paragraph was created with the help of AdSimple’s Privacy Generator