DATA PROTECTION INFORMATION
Data protection declaration
This data protection declaration explains to you the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the associated websites, functions and contents as well as external online presences, e.g. our social media profiles. (hereinafter jointly referred to as "online offer"). With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Responsible according to Art. 4 Par. 7 GDPR is DESOI GmbH, Gewerbestraße 16, 36148 Kalbach/Rhön, firstname.lastname@example.org (see Imprint). You can contact our data protection officer at email@example.com or by post at Gewerbestraße 16, 36148 Kalbach/Rhön with the addition "the data protection officer".
Types of data processed:
Stock data (e.g. names, addresses). Contact details (e.g. e-mail, telephone numbers). Content data (e.g. text entries). User data (e.g. visited websites, interest in content, access times). Meta/communication data (e.g. device information, IP addresses).
Where do we obtain your personal data from?
In principle, we receive your data directly from you. The processing of personal data provided by you is necessary to fulfil the contractual obligations arising from the contract concluded with us. Due to your duties to cooperate, it is unavoidable to provide the personal data requested by us, otherwise we will not be able to fulfil our contractual obligations. Within the framework of pre-contractual measures (e.g. master data entry in the interested party process), the provision of your personal data is necessary. If the requested data is not provided by you, a contract cannot be concluded. In order to provide our services, it may be necessary to process personal data that we have received from other companies or other third parties, e.g. tax offices, information services, your business partner or similar, as permitted and for the respective purpose. Furthermore, we may process personal data from publicly accessible sources, e.g. websites, which we use legitimately and only for the respective contractual purpose.
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "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. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" means any operation carried out with or without the aid of automated procedures or any such set of operations in connection with personal data. The term is widely interpreted and covers practically every handling of data.
"Pseudonymisation" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. "Profiling" means any form of automated processing of personal data consisting in the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning the natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movement. "Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“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.
Applicable legal bases
In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consents is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and performance of contractual measures as well as for answering inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
Cooperation with processors and third parties
If we disclose data to other persons and companies (processors or third parties) within the scope of our processing, transmit data to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, in accordance with Art. 6 para. 1 lit. b GDPR for contract fulfilment is necessary), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). If we commission 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 GDPR.
For the purpose of deciding on the establishment, execution or termination of the contractual relationship, we can call up and use credit information from credit agencies in the event of assumption of a payment default.
Changes and Updates to this data protection information
We ask you to inform yourself regularly about the contents of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or an individual notification should become necessary.
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 occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this only takes place if it occurs for the fulfilment of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or let process the data in a third country only if the special requirements of Art. 44 ff. GDPR. This means, for example, processing is carried out 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 by the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
Rights of data subjects
You have the right to request confirmation as to whether the data concerned are being processed and to request information about these data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR you have the right to request the completion of your data or the rectification of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that relevant data be erased immediately or, alternatively, to demand a restriction of the processing of the data in accordance with Art. 18 GDPR. You have the right to request that you receive your data, which you have provided to us in accordance with Art. 20 GDPR and to request its transmission to other controllers. In accordance with Art. 77 GDPR, you also have the right to file a complaint with the competent supervisory authority.
Right of revocation
You have the right to revoke consents granted pursuant to Art. 7 para. 3 GDPR with future effect.
Right of objection
You can object to the future processing of the data concerning you in accordance with Art. 21 GDPR at any time. The objection may be lodged in particular against processing for direct marketing purposes.
Cookies and right of objection in direct advertising
“Cookies" are small files that are stored on the user's computer. 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 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 browser. In such a cookie, for example, the content of a shopping basket can be stored in an online shop or a login jam. 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 when users visit it after several days. Likewise, the interests of users used for range measurement or marketing purposes may be stored in such a cookie. As a "third party cookie", cookies are offered by providers other than the controller for operating the online offer (otherwise, if they are only its cookies, this is referred to as "first party cookies").
We may use temporary and permanent cookies and inform you about this within the framework of our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. 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.
Erasure of data
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 information, 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 storage obligations. If the data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial law or tax reasons. In accordance with statutory requirements in Germany, the records are kept in particular for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc.).
Additionally we process
Contract data (for example, contract object, term, customer category).
Payment data (e.g., bank details, payment history)
from our customers, prospective customers and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Collection of access data and log files
We, or our hosting provider, collect the following data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR on each access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, transferred data volume, 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. Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.
Performance of contractual services
We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. GDPR. The entries marked as obligatory in online forms are required for the conclusion of the contract. The data will be deleted after the expiry of statutory warranty and comparable obligations; the necessity of storing the data will be reviewed every three years; in the case of statutory archiving obligations, the data will be deleted after their expiry. Information in the possible customer account remain up to its deletion.
When contacting us (e.g. via contact form, e-mail, telephone or social media), the user's details are processed for processing the contact enquiry and its processing in accordance with Art. 6 para. 1 lit. b) GDPR. User information can be stored in a customer relationship management system ("CRM system") or comparable request organization. We delete the requests if they are no longer necessary. We review this requirement every two years; the statutory archiving obligations also apply.
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 the receipt and the described procedures.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter "newsletters") only with the consent of the recipients or a legal permission. If the contents of a newsletter are specifically described within the scope of a registration, they are decisive for the consent of the users. In addition, our newsletters contain information about our services and us.
Double opt-in and logging: Subscription to our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can log in with e-mail addresses not belonging to this person. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address. The changes to your data stored with the shipping service provider are also logged. Login credentials: To subscribe to the newsletter, simply enter your e-mail address. Optionally, we ask you to enter a name in the newsletter for personal address. Germany: The dispatch of the newsletter and the performance measurement associated with it is based on the recipient's consent pursuant to Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 para. 2 no. 3 UWG or on the basis of the legal permission pursuant to § 7 para. 3 UWG.
The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. We are interested in the use of a user-friendly and secure newsletter system that serves both our business interests and the expectations of users and also allows us to provide proof of consent.
Cancellation/Revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the e-mail addresses we have unsubscribed for up to three years on the basis of our legitimate interests before we delete them for the purpose of sending the newsletter in order to be able to prove a previously given consent. The processing of these data is limited to the purpose of a possible defence against claims. An individual application for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
All newsletter data is stored on protected servers in Germany. The shipping service provider uses certified data centers and double redundant data backups. There is a contract for data processing with the agency responsible for our newsletter.
Newsletter - Dispatch service provider
The newsletter is sent by mailingwork, a mailingwork GmbH service provider. The data protection regulations of the shipping service provider can be viewed here: https://mailingwork.de/datenschutz. The dispatch service provider is used on the basis of our legitimate interests according to Art. 6 para. 1 lit. f GDPR and an order processing contract according to Art. 28 para. 3 S. 1 GDPR.
The shipping service provider can use the recipient's data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletter or for statistical purposes. However, the shipping service does not use the data of our newsletter recipients to contact them itself or to pass the data on to third parties.
Newsletter - Performance Measurement
The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file which is downloaded from our server when the newsletter is opened or, if we use a shipping 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 initially collected.
This information is used to technically improve the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined using the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our 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 contents to them or to send different contents according to the interests of our users.
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). 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 further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to 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.
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; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: tools.google.com/dlpage/gaoptout.
Further information on data use by Google, possible settings and objections can be found on Google's websites: https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when using our partners' websites or apps"), http://www.google.com/policies/technologies/ads ("Data use for advertising purposes"), http://www.google.de/settings/ads ("Manage information that Google uses to show you advertising").
Google Adwords Conversion Tracking
We also use Google Conversion Tracking to statistically record and evaluate the use of our website for the purpose of optimising it for you. Google Adwords will set a cookie (see paragraph 4) on your computer if you have accessed our website via a Google ad. These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer's website and the cookie has not yet expired, Google and the customer can recognize that the user has clicked on the ad and has been redirected to this page.
Online presence in social media
We maintain online presences within social networks and platforms in order to communicate with active customers, interested parties and users and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply. Unless otherwise stated in our data protection information, we will process the data of users who communicate with us within social networks and platforms, e.g. write articles on our websites or send us messages.
Integration of third-party services and content
Within our online offer, we use based on 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) content or service offerings of third parties to incorporate 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 users, 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 make every effort to use only those contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. “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, visiting time and other information about the use of our online offer, as well as may be linked to such information from other sources.
Using Facebook Social Plugins
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) 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"), are used. The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are identified by one of the Facebook logos (white "f" on blue tile, the terms "like", "gefällt mir" 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/.
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).
When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offer. The processed data can be used to create user profiles. We therefore have no influence on the amount of data Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
By integrating the plugins, Facebook receives 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, such as pressing the Like button or posting a comment, the information is sent 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 obtain and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the relevant rights and setting options for the protection of users' privacy, can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/.
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 membership 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 page 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.
We bind the scripts ("Google Fonts") of the provider Google LLC, 1600 Amphitheatre
policies/privacy/, Opt-Out: https://adsse|ngs.google.com/authen\cated.