This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter jointly referred to as the “Online Offer”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
Name: Tino Weidling
Street no.: Ulmer Straße 60
Postal code, town: 72760 Reutlingen
Proprietor: Tino Weidling
Phone number: 07121 / 6965096
E-mail address: email@example.com
Types of data processed:
– Inventory data (for example, names, addresses).
– Contact data (e.g. e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– Contract data (for example, contract object, duration, customer category).
– Payment data (for example, bank details, payment history).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects involved in 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 will refer to the persons concerned 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.
– Answer contact requests and communicate with users.
– Marketing, advertising and market research.
– Security measures.
Last update: 09/2018
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 particular characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
1.2 “Processing” means any operation or set of operations carried out with or without the aid of automated processes relating to personal data. The term reaches far and covers practically every handling of data.
1.3 A ‘controller’ is a 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.
2. applicable legal bases
In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the privacy statement, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. d DSGVO 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 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 We shall take appropriate technical and organisational measures in accordance with Art. 32 DSGVO, taking into account the state of the art, the implementation costs and the type, extent, circumstances and purposes of the processing, as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons, to ensure a level of protection appropriate to the risk; these measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access to, inputting, passing on, securing the availability and separation of the data relating to them. In addition, we have established procedures to ensure that data subjects’ rights are exercised, that data is deleted and that we react to data threats. Furthermore, we take the protection of personal data into account as early as 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 (Art. 25 DSGVO).
5. disclosure and transmission of data
5.1 Insofar as we disclose data to other persons and companies (processors or third parties) within the framework of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permit (e.g. if the data is transferred to third parties, such as payment service providers, pursuant to Art. 6 Para. 1 lit. b DSGVO), 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 fulfill our contractual obligations, administrative tasks and duties).
5.2 If we entrust third parties with the processing of data on the basis of a so-called “order processing contract”, 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 the use of third-party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. Process DSGVO. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA through the “Privacy Shield”) or the observance of officially recognised special contractual obligations (so-called “standard contractual clauses”).
7. the rights of data subjects
7.1 You have the right to request confirmation as to whether the data in question will be processed and to obtain information about such data and further information and a copy of the data in accordance with Art. 15 DSGVO.
7.2 You have accordingly. Art. 16 DSGVO the right to request the completion of data concerning you or the correction of incorrect data concerning you.
7.3 In accordance with Art. 17 DSGVO, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with Art. 18 DSGVO.
7.4 You have the right to request that the data concerning you which you have provided to us be received in accordance with Art. 20 DSGVO and that it be transferred to other responsible parties.
7.5 Pursuant to Art. 77 DSGVO, they also have the right to lodge a complaint with the competent supervisory authority.
8. right of revocation
They have the right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO with effect for the future.
9. right of objection
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 DSGVO. The objection may in particular be lodged against processing for the purposes of direct marketing.
10. cookies and right to object to direct advertising
10.1 “Cookies” are small files that are stored on users’ computers. Different data 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 the user’s visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping cart in an online shop or a login status, for example, can be stored in such a cookie. 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 service (otherwise, if they are only their cookies, this is referred to as “first party cookies”).
If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored 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 shall be deleted or their processing restricted in accordance with Art. 17 and 18 DSGVO. 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 there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their 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 stored for commercial or tax reasons.
11.2. Germany: In accordance with legal requirements, the documents are stored in particular for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting vouchers, 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 within the framework 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 data processed shall include inventory data, communication data, contract data, payment data and the persons concerned, our customers, interested parties and other business partners. Processing is carried out for the purpose of providing contractual services within the framework 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 Processing shall take place on the basis of Art. 6 para. 1 lit. b (execution of order processes) and c (legally required archiving) DSGVO. The information marked as necessary is required to substantiate and fulfil the contract. We only disclose the data to third parties within the scope of delivery, payment or within the scope of the legal permissions and obligations towards legal advisors and authorities. The data will only be 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 may optionally create a user account, in particular by viewing their orders. Within the framework of registration, the required mandatory information will be 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 its retention for commercial or tax reasons pursuant to Art. 6 para. 1 lit. c DSGVO. Data in the customer account remain until its deletion with subsequent archiving in the case of a legal obligation. It is the responsibility of the users to secure their data before the end of the contract in the event of termination.
12.5 In the context of registration and renewed registrations as well as 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 the user’s protection against misuse and other unauthorized use. 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 pursuant to Art. 6 Para. 1 lit. c DSGVO.
12.6 The deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of data retention is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry (end of commercial (6 years) and tax (10 years) retention obligation); information in the customer account remain until its deletion.
13. credit information
13.1 Insofar as we make advance payment (e.g. in the case of purchase on account), we reserve the right, in order to safeguard legitimate interests, to obtain identity and creditworthiness information for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures from service companies (credit agencies) specialised in this area.
13.2 Within the scope of credit information, we transmit the following personal data of the customer (name, postal address, date of birth, details of the type of contract, bank details [please specify further data if necessary]) to the following credit agencies:
Please specify here the credit agencies, e.g.:] SCHUFA-Gesellschaft (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), data protection information: https://www.schufa.de/de/ueber-uns/daten-scoring/.
13.3 We shall process the information received from the credit agencies on the statistical probability of non-payment as part of an appropriate discretionary decision on the establishment, performance and termination of the contractual relationship. In the event of a negative result of the credit assessment, we reserve the right to refuse payment on account or any other advance payment.
13.4 The decision as to whether we shall make advance payment shall be made in accordance with Art. 22 DSGVO solely on the basis of an automated decision in the individual case, which our software makes on the basis of the information provided by the credit agency.
13.5 If we obtain an explicit consent from you, the legal basis for the creditworthiness information and the transmission of the data of the customer to the credit agencies is the consent according to Art. 6 Para. 1 lit. a, 7 DSGVO. If no consent is obtained, our legitimate interests in the reliability of your payment claim are the legal basis according to Art. 6 Para. 1 lit. f. DSGVO.
15. contact and customer service
15.1 When establishing contact with us (via contact form or e-mail), the user’s details are processed for processing the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO.
15.2 User information may be stored in our Customer Relationship Management System (“CRM System”) or similar inquiry organization.
15.3 We will delete the requests if they are no longer necessary. We check the necessity every two years; inquiries from customers who have a customer account are stored 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 On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code, we collect DSGVO 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 a maximum of seven days for security reasons (e.g. to clarify misuse or fraud) 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 Art. 6 Para. 1 lit. f. we maintain the following DSGVO online presences within social networks and platforms in order to communicate with 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.
If the “Remarketing” or “Google Analytics Audiences” functions are used, the following passage to these functions must be added as a second point:
17.2 We use Google Analytics to display ads placed by Google and its affiliates within our advertising services only to users who have expressed an interest in our online services or who have specific characteristics (e.g. interests in specific topics or products identified by the websites they visit) that we transmit to Google (known as “remarketing” or “Google Analytics Audiences”). With the help of remarketing audiences, we also want to ensure that our ads are in line with the potential interest of users and do not appear annoying.
18. Google Analytics
18.2 Google is certified under the Privacy Shield Agreement, thereby providing a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
18.3 Google will use this information on our behalf in order 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 further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles of the users can be created from the processed data.
18.4 We use Google Analytics only with IP anonymization enabled. 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 is the full IP address transmitted to a Google server in the USA and shortened there.
18.6 You can find out more about Google’s use of data and about setting and objection options on Google’s websites: https://www.google.com/intl/de/policies/privacy/partners (“Use of data by Google when you use the websites or apps of our partners”), https://policies.google.com/technologies/ads (“Use of data for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information Google uses to display advertising for you”).
19. Facebook Social Plugins
19.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Civil Code), we shall use the information contained in this website for our own purposes. 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 a 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 the Facebook Social Plugins can be seen here: https://developers.facebook.com/docs/plugins/.
19.2 Facebook is certified under the Privacy Shield Agreement and thereby provides a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
19.3 If a user calls a function of this online service that contains such a plugin, his device establishes a direct connection with Facebook’s servers. The content of the plugin is transmitted directly from Facebook to the user’s device and integrated into the online offer by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the user according to our state of knowledge.
19.4 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 in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, e.g. by clicking the Like button or commenting, the corresponding information is transferred directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to know and store their IP address. According to Facebook, only an anonymous IP address is stored in Germany.
19.5 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/.
19.6 If a user is a Facebook member and does not want Facebook to collect information about him or her through this Online Service and link it to his or her Member Data stored on Facebook, he or she must log out of Facebook and delete his or her cookies before using our Online Service. 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 page 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.
27. communication by post, e-mail, 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 of customers, participants, interested parties and communication partners.
27.2 Processing takes place 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 advertising communications. Contact will only be established with the consent of the contact partner or within the scope of the legal permissions and the processed data will be deleted as soon as they are not required and otherwise with objection / revocation or omission of the authorization bases or legal archiving obligations.
Note: Please indicate the contents of the newsletter and the evaluation of the opening and clicking behaviour already during the registration process, i.e. in the registration form, e.g.:
If you use a shipping service provider, you must supplement information on these and can use these examples as a basis (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 due to a provision of the E-Commerce Act (ECG) in Austria, 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 the e-mail addresses to which no e-mails may be sent.
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 and your rights of objection. By subscribing to our newsletter, you agree to the receipt and procedures described.
28.2 Content of the Newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as “Newsletter”) only with the consent of the recipient or a legal permission. Insofar as the contents of the newsletter are specifically described within the framework of registration, 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 to our newsletter takes place in a so-called Double-Opt-In procedure. This means that you will receive an e-mail after registration asking you to confirm your registration. This confirmation is necessary so that no one can register with external e-mail addresses. 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 login and confirmation times as well as the IP address. Likewise the changes of your data stored with the dispatch service provider are logged.
28.5 If we use a shipping service provider, the shipping service provider may, according to its own information, use this data in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. for technical optimisation of the dispatch and presentation of the newsletter or for statistical purposes in order to determine from which countries the recipients come. However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or pass them on to third parties.
28.6. credentials: To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally we ask you to enter a name in the newsletter in order to address you personally.
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 its server. Within the scope of this retrieval, technical information such as information about the browser and your system, as well as your IP address and time of retrieval are first collected. This information is used for the technical improvement of the services on the basis of technical data or target groups and their reading behaviour on the basis of their retrieval points (which can be determined with the help of the IP address) or 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. It is, however, neither our endeavour 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 carried out on the basis of the consent of the recipients according 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 according to § 7 para. 3 UWG.
28.9. Austria: The dispatch of the newsletter and the performance measurement are based on the consent of the recipients pursuant to Art. 6 Par. 1 lit. a, Art. 7 DSGVO in conjunction with § 107 Par. 2 TKG or on the legal consent pursuant to § 107 Par. 2 and 3 TKG.
28.10. The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO and serves as proof of consent to receive the newsletter.
28.11. Recipients of our newsletters can cancel their subscription 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 measurement of success expires. A separate revocation of the performance measurement is unfortunately not possible, in this case the entire newsletter subscription must be cancelled. With the cancellation of the newsletter, the personal data are deleted, unless their retention is legally required or justified, in which case their processing is limited only to these exceptional purposes. In particular, we may store the deleted e-mail addresses 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 that we have previously given our consent. The processing of these data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.
29. integration of third party services and content
29.1 Within the scope of our online offer and 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. of the German Civil Code), we shall not be liable for any loss or damage arising out of or in connection with the use of our online offer. DSGVO) content or service offers from third parties in order to integrate their content and 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 for the presentation of these contents. We strive to use only those contents, whose respective offerers use the IP address only for the distribution of the contents. Third parties 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 include technical information about the browser and operating system, referring websites, visit times and other information about the use of our website, as well as may be 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 some cases already mentioned here, possibilities for objection (so-called opt-out)
data extract request
Deletion request of your data