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 websites, functions and content associated with it 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).
Holger Lamers Pietzka GbR
Shareholders/owners: Holger Lamers, Marco Pietzka
Telephone number: 02151 / 7808667
Email address: firstname.lastname@example.org
Data Protection Officer:
Telephone number: 02151 / 7808667
Email address: email@example.com
Types of data processed:
– Inventory data (eg, 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 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 (Article 9 (1) GDPR):
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 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 requests and communicating with users.
– Marketing, advertising and market research.
- Safety measures.
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 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, are an expression of the physical, physiological, genetic, mental, economic, cultural or social identity of that 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 is broad and encompasses practically every handling of data.
1.3. The "person 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 (1) lit. a and Art Answering inquiries is Article 6(1)(b) GDPR, the legal basis for processing to fulfill our legal obligations is Article 6(1)(c) GDPR, and the legal basis for processing to safeguard our legitimate interests is Article 6(1)(c) GDPR 6 Paragraph 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 Paragraph 1 Letter d GDPR serves as the legal basis.
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 in the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
4. Security Measures
4.1. In accordance with Art. 32 GDPR, we take appropriate technical measures, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons 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 access, input, transfer, securing 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 already take the protection of personal data into account during the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Article 25 GDPR).
4.2. The security measures include, in particular, the encrypted transmission of data between your browser and our server.
5. Disclosure and Transfer of Information
5.1. If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it 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, as to payment service providers, pursuant to Art. 6 Para. 1 lit. b DSGVO is required for the fulfillment of 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, accounting, billing and similar services that allow us to efficiently and effectively perform 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 this happens as part of the use of third-party services or disclosure or transmission of data to third parties, this only takes place if it is 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 only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to that of 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 DSGVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
7.3. In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand a restriction of the processing of the data.
7.4. You have the right to request that you receive the data that you have provided to us in accordance with Art. 20 GDPR and to request their transmission to other responsible parties.
7.5. You also have the right, in accordance with Article 77 GDPR, to lodge a complaint with the competent supervisory authority.
8. Right of Withdrawal
You have the right to revoke your consent in accordance with Article 7 (3) GDPR with effect for the future.
9. Right to Object
You can object to the future processing of data relating to you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.
10. Cookies and Right to Object to Direct Marketing
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 even after his visit within 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 For example, the contents of a shopping cart in an online shop or a login status can be stored in a cookie. Cookies are referred to as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be stored, if the users visit them after several days.The interests of the users who are responsible for Rei width measurement or marketing purposes. Cookies from providers other than the person responsible for operating the online offer are referred to as "third-party cookies" (otherwise, if they are only their cookies, they are referred to as "first-party cookies").
10.2. We use temporary and permanent cookies and explain this in 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 their browser\'s system settings. 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 their processing restricted 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 storage requirements. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
11.2. Germany: According to legal requirements, storage takes place in particular for 6 years in accordance with Section 257 Paragraph 1 HGB (books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 Paragraph 1 AO (books, records , management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc
11.3. Austria: According to legal requirements, storage takes place in particular for 7 years in accordance with § 132 Para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with properties and for 10 years for documents related to electronically supplied services, telecommunications, radio and television services supplied to non-businesses in EU Member States and for which the Mini One Stop Shop (MOSS) is used.
12. Order processing in the online shop and customer account
12.1. We process the data of our customers as part of the ordering process in our online shop 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 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 takes place on the basis of Art. 6 Para. 1 lit. b (implementation of order processes) and c (legally required archiving) DSGVO. The information marked as required is required for the establishment and fulfillment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permits and obligations to legal advisers and authorities. The data will only be 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 particular by being able to view their orders. 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 being necessary for commercial or tax reasons in accordance with Article 6 (1) (c) GDPR. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is the user\'s responsibility to back up their data before the end of the contract in the event of termination.
12.5. As part of the registration and renewed registrations as well as the use of our online services, we store 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 user\'s protection against misuse and other unauthorized use. In principle, this data will not be 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. Deletion takes place after statutory warranty and comparable obligations have expired, the necessity of storing the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage 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 requests, we analyze the data we have 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 Paragraph 1 lit. f. GDPR, 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, for example, on their purchase transactions. 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 made anonymous upon termination by the user, otherwise after two years from the conclusion of the contract. Otherwise, the overall business analyzes and general trend determinations are created anonymously if possible.
14. Contacting and Customer Service
14.1. When contacting us (via the contact form or e-mail), the information provided by the user will be processed in order to process the contact request and its processing in accordance with Article 6 (1) (b) GDPR.
14.2. User information can be stored in our customer relationship management system ("CRM system") or a comparable inquiry organization.
14.3. We delete the requests if they are no longer necessary. We review necessity every two years; We store inquiries from customers who have a customer account permanently and refer to the information on the customer account for deletion. Furthermore, the statutory archiving obligations apply.
15. Collection of access data and log files
15.1. On the basis of our legitimate interests within the meaning of Article 6 (1) (f) GDPR, we collect data about every access to the server on which this service is located (so-called server log files). 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 .
15.2. Log file information is stored for a maximum of seven days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidence purposes are excluded from deletion until the respective incident has been finally clarified.
16. Online social media presence
16.1. On the basis of our legitimate interests within the meaning of Article 6 (1) (f) GDPR, 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 be able to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
16.2. Unless otherwise stated in our data protection declaration, we process user data if they communicate with us within social networks and platforms, e.g. write posts on our online presence or send us messages.
We use Google Analytics to display the ads placed within the advertising services of Google and its partners only to those users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products that are based on the visited website). websites are determined), which we transmit to Google (so-called "remarketing" or "Google Analytics audiences"). With the help of remarketing audiences, we also want to ensure that our ads correspond to the potential interests of users and are not annoying.
17. Google Analytics
17.2. Google 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=a2zt000000001L5AAI&status=Active).
17.3. 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. Pseudonymous user profiles can be created from the processed data.
17.4. 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. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there.
17.5. The IP address transmitted by the user\'s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; In addition, users can prevent the data generated by the cookie and related to their use of the online offer being collected by Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
17.6. You can find more information on data use by Google, setting and objection options on the Google websites: https://www.google.com/intl/de/policies/privacy/partners („Datennutzung durch Google bei Ihrer Nutzung von Websites oder Apps unserer Partner"), https://policies.google.com/technologies/ads („Datennutzung zu Werbezwecken"), https://adssettings.google.com/authenticated („Informationen verwalten, die Google verwendet, um Ihnen Werbung einzublenden").
18. Communication by post, email, fax or telephone
18.1 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.
18.2 The processing takes place on the basis of Art. 6 Para. 1 lit. a, Art. 7 GDPR, Art. 6 Para. 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 are deleted as soon as they are not required and otherwise with objection/revocation or omission of the authorization bases or legal archiving obligations.
19. Facebook, Custom Audiences and Facebook Marketing Services
19.1. 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 Harbour, Dublin 2, Ireland ("Facebook").
19.2. 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).
19.3. With the help of the Facebook pixel, Facebook is able to determine the visitors of our online offer as a target group for the display of ads (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display the ads we place Only display Facebook ads to those Facebook users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products that are 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 interests of 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 were redirected to our website after clicking on a Facebook ad (so-called "conversion").
19.4. The processing of the data by Facebook takes place within the framework of Facebook\'s data usage guidelines. Accordingly, general information on the display of Facebook ads in Facebook\'s data usage guidelines: https://www.facebook.com/policy.php. Spezielle Informationen und Details zum Facebook-Pixel und seiner Funktionsweise erhalten Sie im Hilfebereich von Facebook: https://www.facebook.com/business/help/651294705016616.
19.5. 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 ads are displayed to you within Facebook, you can visit the page set up by Facebook and follow the instructions there for setting usage-based advertising: https://www.facebook.com/settings?tab=ads. Die Einstellungen erfolgen plattformunabhängig, d.h. sie werden für alle Geräte, wie Desktopcomputer oder mobile Geräte übernommen.
19.6. You can also use the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/) und zusätzlich die US-amerikanische Webseite (http://www.aboutads.info/choices) oder die europäische Webseite (http://www.youronlinechoices.com/uk/your-ad-choices/) widersprechen.
20. Integration of Third-Party Services and Content
20.1. We use content or service offers from third-party providers within our online offer 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 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 without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We endeavor 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 can contain, among other things, technical information about the browser and operating system, referring websites, visiting times and other information on the use of our online offer, and can also be linked to such information from other sources.
20.2. The following presentation offers 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, possibilities to object (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, which can be called up within the respective websites or transaction applications, apply.
- Videos from the "YouTube" platform of the third-party provider Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
– Functions of the Instagram service are integrated within 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 click on the Instagram button to link the content of our pages to your Instagram profile. This allows Instagram to associate your visit to our site with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or how it is used by Instagram. Data protection: http://instagram.com/about/legal/privacy/.