This data protection declaration informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the websites, functions and content websites, functions and contents as well as external online presences, such as our social e.g. our social media profiles. (hereinafter collectively referred to as "online offer"). With regard to the terminology used, such as "processing" or "responsible person", we refer to the definition in Article 4 of the General Data Protection Regulation (GDPR).
Responsible person and data protection officer: Name/Fa.: Stefan Mueller Managing Director of Data-Label GmbH Street no.:Zilzkreuz 9 Postcode, town, country: 53604 Bad Honnef, Germany Telephone number: 0049 152 53963817 E-mail address: firstname.lastname@example.org
Types of data processed:
– Inventory data (e.g., names, addresses). – Contact details (e.g., e-mail, telephone numbers). – Content data (e.g., text input, photographs, videos). – Contract data (e.g., subject matter of the contract, term, customer category). – Payment data (e.g., bank details, payment history). – Usage data (e.g., websites visited, interest in content, access times). – Meta/communication data (e.g., device information, IP addresses).
Processing of special categories of data (Art. 9(1) DSGVO):
No special categories of data are processed.
Categories of data subjects concerned 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 the processing:
– Provision of the online offer, its contents and shop functions. – Provision of contractual services, service and customer care. – Answering contact requests and communicating with users. – Marketing, advertising and market research. – Security measures.
Status: November/ 2020
1. terms used 1.1 "Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2 "processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually any handling of data.
1.3 "Controller" means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
4. security measures 4.1 We take appropriate measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, appropriate technical and organisational measures to ensure a level of protection appropriate to the risk; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access concerning them, input, disclosure, ensuring availability and their separation. We also have procedures in place to ensure the exercise of data subjects' rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).
4.2 The security measures include in particular the encrypted transmission of data between your browser and our server.
5. disclosure and transmission of data 5.1 If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, is required pursuant to Art. 6 para. 1 lit. b DSGVO is necessary for the performance of a 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, business and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfil our contractual obligations, administrative tasks and duties).
5.2 If we commission third parties with the processing of data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 DSGVO.
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 is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is done in order to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 ff. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
7. rights of the data subjects 7.1 You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 of the GDPR.
7.2 You have the right in accordance with. Art. 16 DSGVO, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
7.3 In accordance with Article 17 of the GDPR, you have the right to demand that the data concerned be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the GDPR.
7.4 You have the right to request that the data relating to you that you have provided to us be received in accordance with Article 20 of the GDPR and to request that it be transferred to other data controllers.
7.5 You also have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.
8. right of withdrawal You have the right to revoke consent granted in accordance with Art. 7 (3) DSGVO with effect for the future.
9. right of objection You may object to the future processing of data concerning you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against processing for direct marketing purposes.
10. cookies and the right to object to direct advertising 10.1 "Cookies" are small files that are stored on users' computers. Different 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 his or her 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 or her browser. In such a cookie, for example, the contents of a shopping basket in an online shop or a login status can be stored. Cookies that remain stored even after the browser is closed are referred to as "permanent" or "persistent". For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies are cookies from providers other than the responsible party that operates the online offer (otherwise, if they are only the latter's cookies, they are referred to as first-party cookies).
11. deletion of data 11.1 The data processed by us will be deleted or its processing restricted in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
11.2 Germany: In accordance with legal requirements, storage takes place in particular for 6 years pursuant to § 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years pursuant to § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
11.3 Austria: In accordance with legal requirements, retention takes place in particular for 7 years pursuant to section 132(1) BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with immovable property and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is claimed.
12. order processing in the online shop and customer account 12.1 We process the data of our customers in the context 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 data subjects are our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services within the scope of operating 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 is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfilment of the contract. We only disclose the data to third parties within the scope of delivery, payment or within the scope of legal permissions and obligations towards legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfilment of 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 view their orders in particular. Within the scope of the registration, the required mandatory information will be provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. Information in the customer account shall remain until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.
12.5 Within the scope of registration and renewed logins as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. In principle, this data is 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 Art. 6 Para. 1 lit. c DSGVO.
12.6 Deletion shall take place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data shall be reviewed every three years; in the case of statutory archiving obligations, deletion shall take place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); details in the customer account shall remain until it is deleted.
13. business analyses and market research 13.1 In order to run our business economically and to be able to recognise market trends, customer and user wishes, we analyse the data we have on business transactions, contracts, enquiries, etc.. In doing so, 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 data subjects include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of business management evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with details of, for example, their purchase transactions. The analyses serve us to increase user-friendliness, to optimise our offer and to improve business management. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised values.
13.2 Insofar as these analyses or profiles are personal, they will be deleted or made anonymous upon termination by the users, otherwise after two years from the conclusion of the contract. Otherwise, the macroeconomic analyses and general tendency determinations shall be created anonymously if possible.
2. checking the creditworthiness of a customer is permissible if there is otherwise a risk of non-payment, i.e. if the goods are delivered without payment having been received (i.e. if the customer chooses purchase on account). In contrast, there is no risk of non-payment 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 is an "automated decision in an individual case" pursuant to Art. 22 of the GDPR, i.e. a legal decision without human involvement. This is permissible if the customer has consented or if 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 a 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 check is already used to decide whether the option "on account" should be displayed. This is 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, for example, read as follows:
14. credit report 14.1 If we make advance payments (e.g. in the case of purchase on account), we reserve the right to obtain information on identity and creditworthiness for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures from specialised service companies (credit agencies) in order to protect our legitimate interests.
14.2 As part of the credit check, we transmit the following personal data of the customer (name, postal address, date of birth, information on the type of contract, bank details [please specify further data if necessary]) to the following credit agencies: [Please specify the credit agencies here, e.g.:] SCHUFA company (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 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. We reserve the right to refuse payment on account or other advance performance in the event of a negative result of the credit check.
14.4 The decision as to whether we will provide advance payment shall be made solely on the basis of an automated decision in the individual case, which our software shall make on the basis of the information from the credit agency, in accordance with Art. 22 DSGVO.
14.5 If we obtain express consent from you, the legal basis for the credit rating and the transmission of the customer's data to the credit agencies is consent pursuant to Art. 6 Para. 1 lit. a, 7 DSGVO. If no consent is obtained, our legitimate interests in the security of their payment claim are the legal basis pursuant to Art. 6 Para. 1 lit. f. DSGVO.
15. Contact and customer service 15.1. When contacting us (via contact form or e-mail), the user's details will be used to process the contact request and its processing in accordance with Art. 6 para. 1 lit. b) GDPR.
15.2. User information may be stored in our Customer Relationship Management System ("CRM System") or comparable inquiry organization.
15.3. We delete the requests if they are no longer necessary. We review the necessity every two years; We store inquiries from customers who have a customer account permanently and refer to the customer account details for deletion. Furthermore, the statutory archiving obligations apply.
16. Collection of access data and log files 16.1 We collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO, we collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, 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. Log file information is stored for security reasons (e.g. to investigate misuse or fraud) for a maximum period of seven days and then deleted. Data whose further retention is required for evidence purposes are exempt from deletion until the respective incident has been finally clarified.
17. Online presence in social media 17.1 We maintain online presences within social networks and platforms on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO, we maintain online presences 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 there. When calling up the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.
If the "Remarketing" or "Google Analytics Audiences" functions are used, the following passage on these functions must also be included as a second point:
17.2 We use Google Analytics to display the ads placed within Google's advertising services and those of its partners only to users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Google (so-called "Remarketing Audiences" or "Google Analytics Audiences"). With the help of Remarketing Audiences, we also want to ensure that our ads correspond to the potential interest of users and do not have a harassing effect.
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 internet usage. In doing so, pseudonymous usage profiles of the users 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 users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
18.5 The IP address transmitted by the user's browser will not be merged with other data from Google. Users may prevent the storage of cookies by selecting the appropriate settings on their browser software; users may also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
19. Google-Re/Marketing-Services 19.1. On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we use the marketing and remarketing services (short "Google Marketing Services") of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").
19.3 Google's marketing services allow us to display advertisements for and on our website in a more targeted manner in order to present users only with ads that potentially match their interests. If, for example, a user is shown ads for products in which he or she has shown interest on other websites, this is referred to as "remarketing". For these purposes, when our website and other websites on which Google marketing services are active are called up, a code is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also known as "web beacons") are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored 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 or she is interested in and which offers he or she has clicked on, as well as technical information on the browser and operating system, referring websites, time of visit and other information on the use of the online offer. The IP address of the user is also recorded, whereby we inform Google Analytics that the IP address is shortened within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area and only in exceptional cases is transmitted in full to a Google server in the USA and shortened there. The IP address will not be merged with user data within other Google offerings. The aforementioned information may also be combined by Google with such information from other sources. If the user subsequently visits other websites, he or she can be shown ads tailored to his or her interests.
19.4 User data is processed pseudonymously within the scope of Google marketing services. This means that Google does not store and process the name or email address of the user, for example, but processes the relevant data in a cookie-related manner within pseudonymous user profiles. I.e. from Google's perspective, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymisation. The information collected by Google marketing services about users is transmitted to Google and stored on Google's servers in the USA.
19.5 The Google marketing services used by us include, among others, the online advertising program "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies can therefore not be tracked across the websites of AdWords customers. The information obtained using the cookie is used to create conversion statistics for AdWords customers who have opted in to conversion tracking. The AdWords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to identify users personally.
19.8. We may also use the "Google Optimizer" service. Google Optimizer allows us to understand how various changes to a website affect (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 users' devices. Only pseudonymous user data is processed.
19.9. Furthermore, we may use the "Google Tag Manager" to integrate and manage the Google analysis and marketing services in our website.
Furthermore, when using the Facebook pixel, we use the additional function "extended matching" (here data such as telephone numbers, e-mail addresses or Facebook IDs of the users) to form target groups ("Custom Audiences" or "Look Alike Audiences") is transmitted to Facebook (encrypted). Additional notes on "advanced matching": https://www.facebook.com/business/help/611774685654668).
We also use the "Custom Audiences from File" procedure of the social network Facebook, Inc. In this case, the email addresses of the newsletter recipients are uploaded to Facebook. The upload process is encrypted. The upload is used solely to determine recipients of our Facebook ads. In this way, we want to ensure that the ads are only displayed to users who have an interest in our information and services.
In the case of your own opt-out, please include the following addition:
To prevent the collection of your data by means of the Facebook pixel on our website, please click the following link: Facebook opt-out Note: If you click on the link, an "opt-out" cookie will be stored on your device. If you delete the cookies in this browser, you must click the link again. Furthermore, the opt-out only applies within the browser you are using and only within our web domain on which the link was clicked.
20. Facebook, Custom Audiences and Facebook Marketing Services 20.1 Within our online offer, 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 a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes.
20.3 With the help of the Facebook pixel, it is possible for Facebook to determine the visitors to our online offer as a target group for the display of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those 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 determined on the basis of the websites visited) that we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can also track the effectiveness of the Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion").
20.5 You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To adjust which types of ads are displayed to you within Facebook, you can visit the page set up by Facebook and follow the instructions there regarding the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
21. Facebook Social Plugins 21.1 We use social plugins ("Plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd. DSGVO) social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are recognizable by one of the Facebook logos (white "f" on blue tile, the terms "Like", "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
21.3 When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated by the latter into the online offer. In the process, usage profiles of the users can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform the users according to our level of knowledge.
21.4 By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example by clicking the Like button or posting a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will learn and store his or her IP address. According to Facebook, only an anonymized IP address is stored in Germany.
21.6. If a user is a Facebook member and does not want Facebook to collect data about him via 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 objections 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 site http:// www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
https://matomo.org/docs/privacy/#step-3-include-a-web-analytics-opt-out-feature-on-your-site-using-an-iframe. 22. reach analysis with Matomo 22.1 Within the scope of the reach analysis of Matomo, the following data is processed 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. DSGVO), the following data is processed: the browser type and version you use, the operating system you use, your country of origin, the date and time of the server request, the number of visits, the time you spend on the website and the external links you click. The IP address of the users is anonymized before it is stored.
22.3. Users can object to the anonymous collection of data by the Matomo program at any time with effect for the future by clicking on the link below. In this case, a so-called opt-out cookie is stored in your browser, which means that Matomo no longer collects any session data. However, if users delete their cookies, this means that the opt-out cookie is also deleted and must therefore be reactivated by users.
22.4. [Please insert the Matomo IFRAME with the opt-out cookie at this point (and switch on IP anonymization in the settings area)].
. 23. Jetpack (WordPress Stats) 23.1 We use the plugin Jetpack (here the sub-function "Wordpress Stats") 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. DSGVO) the plugin Jetpack (here the sub-function "Wordpress Stats"), which embeds a tool for statistical analysis of visitor traffic and is provided by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Jetpack uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site.
24. etracker 24.1 We use the analysis service "etracker" of etracker GmbH, Erste Brunnenstraße 20459 Hamburg, Germany, on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. DSGVO) the analysis service "etracker" of etracker GmbH, Erste Brunnenstraße 1 20459 Hamburg.
24.2 The data processed by etracker can be used to create user profiles under a pseudonym. Cookies can be used for this purpose. The cookies enable your browser to be recognised again. The data collected with the etracker technologies will not be used to personally identify visitors to our website without the separately granted consent of the person concerned and will not be merged with personal data about the bearer of the pseudonym. Furthermore, the personal data is only processed for us, i.e. it is not merged with personal data collected within other online offers.
24.3 You can object to the collection and storage of data at any time with effect for the future. To object to the collection and storage of your visitor data in the future, you can obtain an opt-out cookie from etracker using the following link. This ensures that no visitor data from your browser is collected and stored by etracker in the future: http://www.etracker.de/privacy?et=Account-ID [Please enter your account ID here].
24.4 Opting out sets an opt-out cookie called "cntcookie" from etracker. Please do not delete this cookie as long as you wish to maintain your objection. You can find further information in the data protection provisions of etracker: http://www.etracker.com/de/datenschutz.html.
25. Criteo 25.1 We use the services of the provider Criteo GmbH on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the services of the provider Criteo GmbH, Gewürzmühlstr. 11, 80538 Munich, Germany.
25.2 The services of Criteo allow us to display advertisements for and on our website in a more targeted manner in order to present users only with advertisements that potentially correspond to their interests. If, for example, a user is shown ads for products in which he or she has shown interest on other websites, this is referred to as "remarketing". For these purposes, when our website and other websites on which Criteo is active are called up, a code from Criteo is executed directly by Criteo and so-called (re)marketing tags (invisible graphics or code, also referred to as "web beacons") are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). This file records which web pages the user has visited, which content he or she is interested in and which offers he or she has clicked on, as well as technical information on the browser and operating system, referring web pages, time of visit and other information on the use of the online offer. Criteo may also combine the aforementioned information with information from other sources. If the user subsequently visits other websites, he or she can be shown ads tailored to his or her interests.
27. communication via post, e-mail, fax or telephone 27.1 We use remote means of communication, such as mail, telephone or e-mail, for business processing and marketing purposes. In doing so, we process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
27.2 Processing is carried out on the basis of Art. 6 para. 1 lit. a, Art. 7 DSGVO, Art. 6 para. 1 lit. f DSGVO in conjunction with legal requirements for promotional communications. Contact is only made with the consent of the contact partners or within the scope of legal permissions and the processed data is deleted as soon as it is no longer required and otherwise with objection/ revocation or lapse of the authorisation bases or legal archiving obligations.
Note: Please already point out the contents of the newsletter and the evaluation of the opening and clicking behaviour within the scope of the registration, i.e. in the registration form, e.g.:
If you use a shipping service provider, you must add information about them and can use these examples as a guide (use of a service provider from the EU and one from a third country):
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 maintained by the Regulatory Authority for Telecommunications and Broadcasting (RTR-GmbH): https://www.rtr.at/de/tk/TKKS_Spam. It contains those 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 procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.
28.2 Content of the newsletter: We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. If the contents of the Newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. In addition, our newsletters contain information about our products, offers, promotions and our company.
28.3 Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in process. This means that after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with other email addresses. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored with the dispatch service provider are also logged.
28.5 Insofar as we use a dispatch service provider, the dispatch service provider may, according to its own information, use this data in pseudonymous form, i.e. without assigning it to a user, to optimise or improve its own services, e.g. to technically optimise the dispatch and presentation of the newsletter or for statistical purposes to determine which countries the recipients come from. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass it on to third parties.
28.6 Registration data: To register for the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name for the purpose of a personal address in the newsletter.
28.7 Performance 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 dispatch service provider, from their server. Within the scope of this retrieval, technical information such as information on the browser and your system, as well as your IP address and the time of the retrieval are initially collected. This information is used for the technical improvement of the services on the basis of the technical data or the target groups and their reading behaviour on the basis of their retrieval locations (which can be determined with the help of the IP address) or the access times. Statistical surveys also include determining whether 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 intention nor, if used, that of the dispatch service provider to observe individual users. The analyses serve us much more to recognise 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 newsletter is sent and its success is measured on the basis of the recipients' consent pursuant to Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Para. 2 No. 3 UWG or on the basis of the legal permission pursuant to § 7 Para. 3 UWG.
28.9 Austria: The newsletter is sent and its success is measured on the basis of the recipients' consent pursuant to Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with Art. 107 Para. 2 TKG or on the basis of the legal permission pursuant to Art. 107 Para. 2 and 3 TKG.
28.10. The logging of the registration process is based on our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO and serves as proof of consent to receive the newsletter.
28.11. Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consent. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, their consent to the performance measurement expires. Unfortunately, it is not possible to cancel the performance measurement separately; in this case, the entire newsletter subscription must be cancelled. When you unsubscribe from the newsletter, your personal data will be deleted, unless their retention is legally required or justified, in which case their processing will be limited to these exceptional purposes only. In particular, we may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them for the purposes of sending newsletters in order to be able to prove consent previously given. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.
29. integration of services and contents of third parties 29.1 We use content or service offers of third party providers within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO). DSGVO) to integrate content or services offered by third-party providers, such as videos or fonts (hereinafter uniformly referred to as "content"). This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to use only such content whose respective providers only use the IP address to deliver the content. Third-party providers may 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 may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as being linked to such information from other sources.
29.2 The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in part 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 information of the respective third party providers apply, which can be accessed within the respective websites or transaction applications.
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