Ddata protection declaration
This privacy policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as „data“) within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter collectively referred to as „online offering“). 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 person:
Name/Fa.: Stefan Mueller sole proprietorship
Street no.: Niederwindhagener Str. 56
Postcode, City, Country: 53578, Windhagen, Germany
Managing director/owner: Stefan Mueller
Telephone number: 004915253963817
E-mail address: mueller@leenway.com
Data Protection Officer:
Name/Fa.: Stefan Mueller sole proprietorship
Street no.: Niederwindhagener Str. 56
Postcode, City, Country: 53578, Windhagen, Germany
Managing director/owner: Stefan Mueller
Telephone number: 004915253963817
E-mail address: mueller@leenway.com
Types of data processed:
- Inventory data (e.g., names, addresses).
- Contact details (e.g., e-mail, telephone numbers).
- Content data (e.g., text entries, 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 para. 1 GDPR):
No special categories of data are processed.
Categories of data subjects 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 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.
- Answering contact enquiries and communicating with users.
- Marketing, advertising and market research.
- Safety measures.
Status: November/ 2020
1. terms used
1.1 „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. 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 on personal data, whether or not by automated means. The term is broad and covers practically any handling of data.
1.3 The „controller“ is 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.
2 Relevant 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 stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfil our services and implement contractual measures and respond to enquiries 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 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.
3. changes and updates to the privacy policy
We ask you to inform yourself regularly about the content of our privacy policy. We will adapt the privacy policy as soon as changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
4. safety measures
4.1 In accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, appropriate technical and organisational measures to ensure a level of security 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 the access, input, disclosure, safeguarding of availability and their separation. We have also set up procedures to ensure that data subjects' rights are exercised, data is deleted and we respond to data threats. Furthermore, we take the protection of personal data into account as early as the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
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 we disclose data to other persons and companies (processors or third parties) as part of our processing, transfer it to them or otherwise grant them access to the data, this will only be done on the basis of a legal authorisation (e.g. if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 para. 1 lit. b GDPR), you have given your consent, 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 contract“, this is done on the basis of Art. 28 GDPR.
6. transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil 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 authorisations, 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, for example, that the processing takes place on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to 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 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 in accordance with. Art. 16 GDPR, you have the right to request the completion of data concerning you or the rectification of inaccurate 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, to demand a restriction on the processing of the data in accordance with Art. 18 GDPR.
7.4 You have the right to request to receive the data concerning you that you have provided to us in accordance with Art. 20 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 in accordance with Art. 77 GDPR.
8. right of cancellation
You have the right to withdraw your consent in accordance with Art. 7 (3) GDPR with effect for the future.
9. right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. In particular, you may object to processing for direct marketing purposes.
10. cookies and 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 their visit to an online service. Temporary cookies, or “session cookies„ or “transient cookies„, are cookies that are deleted after a user leaves an online service and closes their browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. “Permanent„ or “persistent„ cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if the user visits the website after several days. The interests of users can also be stored in such a cookie and used for reach measurement or marketing purposes. “Third-party cookies„ are cookies from providers other than the controller who operates the online service (otherwise, if they are only the controller's cookies, they are referred to as “first-party cookies").
10.2 We use temporary and permanent cookies and provide information about this in our privacy policy.
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.
10.3 A general objection to the use of cookies used for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU side http://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that you may then not be able to use all the functions of this website.
11. deletion of data
11.1 The data processed by us will be deleted or its processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, 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. 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 or tax law reasons.
11.2 Germany: In accordance with legal requirements, storage is carried out in particular for 6 years in accordance with Section 257 (1) HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.)
11.3 Austria: According to legal requirements, the retention period is 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), 22 years in connection with real estate and 10 years for documents 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 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 fulfilment.
12.2 The processed data includes inventory data, communication data, contract data, payment data and the data subjects include our customers, interested parties and other business partners. The processing is carried out 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 basket and permanent cookies to store the login status.
12.3 The processing is carried out on the basis of Art. 6 para. 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as necessary is required to justify and fulfil the contract. We only disclose the data to third parties in the context of delivery, payment or within the scope of legal authorisations 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 can optionally create a user account in which they can view their orders in particular. As part of the registration process, users will be provided with the required mandatory information. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax law reasons in accordance with Art. 6 para. 1 lit. c GDPR. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of users to back up their data before the end of the contract in the event of cancellation.
12.5 As part of the 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. This data is stored on the basis of our legitimate interests and those of the user in protection against misuse and other unauthorised use. 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 GDPR.
12.6 The deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation); information in the customer account remains until its deletion.
13. business analyses and market research
13.1 In order to operate our business economically, identify market trends, customer and user wishes, we analyse the data available to us 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. GDPR. GDPR, 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 evaluations, marketing and market research. In doing so, we can take into account the profiles of registered users with information on their purchase transactions, for example. The analyses help us to increase user-friendliness, optimise our offer and improve business efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised values.
13.2 If these analyses or profiles are personal, they will be deleted or anonymised when the user terminates the contract, otherwise after two years from the conclusion of the contract. Otherwise, the overall business analyses and general trend determinations are created anonymously where 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 to purchase on account). However, there is no risk of non-payment if, for example, the customer chooses the prepayment option or makes the payment via a third-party provider such as PayPal.
It should also be noted that obtaining automatic credit information constitutes an „automated decision in individual cases“ in accordance with Art. 22 GDPR, i.e. a legal decision without human involvement. This is permissible if the customer has consented or this decision is necessary for the conclusion of the contract. Whether the decision is necessary has not yet been conclusively clarified, but is often considered to be the case, including by the author of this sample. However, if you want to exclude any risk, you should obtain consent.
Consent is also required if the credit check is already used to decide whether the „on account“ option should be displayed at all. This is because it could have been the case 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:
I agree that a credit check will be carried out in order to decide in an automated procedure (Art. 22 GDPR) whether the option of purchase on account will be offered. Further information on the credit check, the credit agencies used and the procedure as well as the options for objection can be found in our [Link]Privacy Policy[/Link].
14. credit report
14.1 If we make advance payments (e.g. when purchasing on account), we reserve the right to obtain identity and creditworthiness information for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures from specialised service companies (credit agencies) in order to safeguard our legitimate interests.
14.2 As part of the credit report, we transmit the following personal data of the customer (name, postal address, date of birth, information on the type of contract, bank details [please 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 as part of an appropriate discretionary decision on the establishment, execution and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative result of the credit check.
14.4 The decision as to whether we make advance payments is made in accordance with Art. 22 GDPR solely on the basis of an automated decision in individual cases, which our software makes on the basis of the information provided by the credit agency.
14.5 If we obtain express consent from you, the legal basis for the credit report and the transmission of the customer's data to the credit agencies is consent pursuant to Art. 6 para. 1 lit. a, 7 GDPR. If no consent is obtained, our legitimate interests in the security of your payment claim are the legal basis in accordance with Art. 6 para. 1 lit. f. GDPR.
15. contact and customer service
15.1 When contacting us (via contact form or e-mail), the user's details are processed to process the contact enquiry and its handling in accordance with Art. 6 para. 1 lit. b) GDPR.
15.2 User data may be stored in our Customer Relationship Management System (“CRM System”) or a comparable enquiry organisation.
15.3 We delete the enquiries if they are no longer required. We review the necessity every two years; we store enquiries from customers who have a customer account permanently and refer to the details of the customer account 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. GDPR. 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 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 acts of abuse or fraud) and then deleted. Data whose further storage is required for evidentiary purposes is 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. GDPR. GDPR, we maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
17.2 Unless otherwise stated in our privacy policy, we process users' data if they communicate with us within social networks and platforms, e.g. write posts on our online presences or send us messages.
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 adverts placed by Google and its partners within advertising services 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 determined on the basis of the websites visited), 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 adverts correspond to the potential interest of users and are not annoying.
18 Google Analytics
18.1 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 Google Analytics, a web analysis service provided by Google LLC („Google“). GDPR) Google Analytics, a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.
18.2 Google is certified under the Privacy Shield Agreement and thus offers a guarantee 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 to analyse 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. Pseudonymised user profiles can be created from the processed data.
18.4 We only use Google Analytics with activated IP anonymisation. This means that the IP address of users is truncated by Google within member states of the European Union or in other signatory states 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 truncated there.
18.5 The IP address transmitted by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and from processing this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
18.6 Further information on the use of data by Google, setting and objection options can be found on Google's websites: https://www.google.com/intl/de/policies/privacy/partners („Data use by Google when you use our partners“ websites or apps"), https://policies.google.com/technologies/ads („Use of data for advertising purposes“), https://adssettings.google.com/authenticated („Manage information that Google uses to show you adverts“).
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 („Google Marketing Services”) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA („Google“). GDPR) the marketing and remarketing services ("Google Marketing Services" for short) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").
19.2 Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
19.3 Google Marketing Services allow us to display adverts for and on our website in a more targeted manner in order to present users only with adverts that potentially match their interests. If, for example, a user is shown adverts for products that they have shown an interest in on other websites, this is referred to as „remarketing“. For these purposes, when our and other websites on which Google marketing services are active are accessed, a code from Google 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, what content they are interested in and which offers they have clicked on, as well as technical information about the browser and operating system, referring websites, time of visit and other information about 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 signatory states to the Agreement on the European Economic Area and only in exceptional cases is it transmitted in full to a Google server in the USA and shortened there. The IP address is not merged with the user's data within other Google services. Google may also combine the aforementioned information with such information from other sources. If the user subsequently visits other websites, they can be shown adverts tailored to their interests.
19.4 User data is processed pseudonymously as part of Google marketing services. This means that Google does not store and process the user's name or email address, for example, but processes the relevant data in relation to cookies within pseudonymous user profiles. This means that, from Google's perspective, the adverts are not managed and displayed for a specifically identified person, but for the cookie owner, regardless of who this cookie owner is. This does not apply if a user has expressly allowed Google to process the data without this 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 we use include the online advertising programme „Google AdWords“. In the case of Google AdWords, each AdWords customer receives a different „conversion cookie“. Cookies can therefore not be tracked via the websites of AdWords customers. The information collected with the help of the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers find out the total number of users who clicked on their advert and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
19.6 We can integrate third-party adverts on the basis of the Google marketing service “DoubleClick”. DoubleClick uses cookies that enable Google and its partner websites to display adverts based on users' visits to this website or other websites on the Internet.
19.7 We can integrate third-party adverts on the basis of the Google marketing service „AdSense“. AdSense uses cookies that enable Google and its partner websites to display adverts based on users' visits to this website or other websites on the Internet.
19.8 We can also use the „Google Optimiser“ service. Google Optimiser allows us to track the effects of various changes to a website (e.g. changes to input fields, design, etc.) as part of so-called “A/B testing”. Cookies are stored on users' devices for these test purposes. Only pseudonymised user data is processed.
19.9 We may also use the “Google Tag Manager” to integrate and manage Google analytics and marketing services on our website.
19.10. For more information on the use of data for marketing purposes by Google, please refer to the overview page: https://policies.google.com/technologies/ads, Google's privacy policy is available at https://adssettings.google.com/authenticated.
Furthermore, when using the Facebook pixel, we use the additional function „extended matching“ (where data such as telephone numbers, e-mail addresses or Facebook IDs of users) to create target groups („Custom Audiences“ or „Look Alike Audiences“) are transmitted to Facebook (encrypted). Further information on „extended 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 the recipients of our Facebook adverts. We want to ensure that the adverts are only displayed to users who are interested in our information and services.
Note on opt-out: Please note that Facebook does not offer an opt-out at the time this template was created and you must implement it yourself. If you do not, you must remove this passage. The implementation can be done e.g. via Javascript (setting the opt-out link) and when loading the page via PHP (which checks whether the opt-out cookie has been set and only loads the Facebook pixel if the result is negative). If a user visits the website, it must be checked whether the opt-out cookie has been set. If so, the Facebook pixel must not be loaded.
In the case of your own opt-out, please include the following addition:
To prevent the collection of your data using the Facebook pixel on our website, please click the following link: Facebook opt-out Note: If you click the link, an „opt-out“ cookie will be stored on your device. If you delete the cookies in this browser, you will have to 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 resident in 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, optimisation and economic operation of our online offer and for these purposes.
20.2 Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
20.3 With the help of the Facebook pixel, it is possible for Facebook to determine the visitors of our online offer as a target group for the display of adverts (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 offering 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 users and are not annoying. With the help of the Facebook pixel, we can also track the effectiveness of Facebook adverts for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook advert (so-called „conversion“).
20.4 The processing of data by Facebook takes place within the framework of Facebook's data usage policy. Accordingly, general information on the display of Facebook ads can be found in Facebook's data usage policy: https://www.facebook.com/policy.php. Specific information and details about the Facebook pixel and how it works can be found in the Facebook help section: https://www.facebook.com/business/help/742478679120153?id=1205376682832142.
20.5 You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To set which types of adverts are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
20.6 You can also opt out of the use of cookies for reach measurement and advertising purposes via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and additionally the US-American website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/) contradict.
21 Facebook Social Plugins
21.1 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 social plugins (“plugins”) of the social network facebook.com. 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“). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are recognisable by one of the Facebook logos (white “f” on a 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/.
21.2 Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
21.3 When a user accesses a function of this online offering that contains such a plugin, their 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 into the online offering. User profiles 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 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 in to Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out their IP address and store it. According to Facebook, only an anonymised IP address is stored in Germany.
21.5 The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting options for protecting the privacy of users can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/.
21.6 If a user is a Facebook member and does not want Facebook to collect data about them via this online service and link it to their membership data stored on Facebook, they must log out of Facebook and delete their 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-American site http://www.aboutads.info/choices/ or the EU side http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for 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 As part of Matomo's reach analysis, the following data is processed 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) GDPR), 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 on. The IP address of users is anonymised before it is saved.
22.2 Matomo uses cookies, which are stored on the user's computer and which enable us to analyse the use of our online offer by users. Pseudonymised user profiles can be created from the processed data. The cookies have a storage period of one week. The information generated by the cookie about your use of this website is only stored on our server and is not passed on to third parties.
22.3 Users can object to the anonymised data collection 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 their browser, which means that Matomo no longer collects any session data. However, if users delete their cookies, the opt-out cookie will also be deleted and must therefore be reactivated by the users.
22.4 [Please use the Matomo IFRAME with the opt-out cookie at this point (and switch on IP anonymisation in the settings area)].
.
23rd Jetpack (WordPress Stats)
23.1 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 Jetpack plugin (here sub-function „Wordpress Stats“). GDPR) the Jetpack plugin (here the sub-function „Wordpress Stats“), which integrates a tool for the statistical evaluation of visitor access and is provided by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Jetpack uses so-called "cookies", text files that are stored on your computer and enable your use of the website to be analysed.
23.2 Automattic is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
23.3 The information generated by the cookie about your use of this online offer is stored on a server in the USA. The processed data can be used to create user profiles, whereby these are only used for analysis and not for advertising purposes. Further information can be found in Automattic's privacy policy: https://automattic.com/privacy/ and notes on Jetpack cookies: https://jetpack.com/support/cookies/.
24. etracker
24.1 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 analysis service „etracker“ of etracker GmbH. GDPR) 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 make it possible to recognise your browser. 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 for the future, you can obtain an opt-out cookie from etracker via the following link, which will prevent etracker from collecting and storing any visitor data from your browser in the future: http://www.etracker.de/privacy?et=Account-ID [Please enter your account ID here].
24.4 The opt-out sets an opt-out cookie with the name “cntcookie” from etracker. Please do not delete this cookie as long as you wish to maintain your objection. Further information can be found in etracker's privacy policy: http://www.etracker.com/de/datenschutz.html.
25 Criteo
25.1 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 services of the provider Criteo GmbH. GDPR), we use the services of the provider Criteo GmbH, Gewürzmühlstr. 11, 80538 Munich, Germany.
25.2 Criteo's services allow us to display adverts for and on our website in a more targeted manner in order to present users only with adverts that potentially match their interests. If, for example, a user is shown adverts for products that they have shown an interest in on other websites, this is referred to as „remarketing“. For these purposes, when our and other websites on which Criteo is active are accessed, a Criteo code is executed directly by Criteo 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). This file records which websites the user has visited, what content they are interested in and which offers they have clicked on, as well as technical information about the browser and operating system, referring websites, time of visit and other information about the use of the online offer. Criteo may also combine the aforementioned information with such information from other sources. If the user subsequently visits other websites, adverts tailored to their interests can be displayed to them.
25.3 Further information as well as options to object to the collection by Criteo can be found in Criteo's privacy policy: https://www.criteo.com/de/privacy/.
26th Amazon partner programme
26.1 On the basis of our legitimate interests (i.e. interest in the economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we are a participant in the Amazon EU partner programme. GDPR), we are a participant in the Amazon EU partner programme, which was designed to provide a medium for websites through which advertising costs can be earned by placing advertisements and links to Amazon.de. Amazon uses cookies to track the origin of orders. Among other things, Amazon can recognise that you have clicked on the partner link on this website.
26.2 Further information on the use of data by Amazon can be found in the company's privacy policy: http://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401.
27. communication by post, e-mail, fax or telephone
27.1 We use means of remote communication, such as post, telephone or email, for business transactions 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 GDPR, Art. 6 para. 1 lit. f GDPR in conjunction with legal requirements for advertising communications. Contact is only made with the consent of the contact partners or within the scope of the legal authorisations and the processed data is deleted as soon as it is no longer required and otherwise with objection/revocation or discontinuation of the basis for authorisation or legal archiving obligations.
Note: Please indicate the contents of the newsletter and the evaluation of the opening and click behaviour as part of the registration, i.e. in the registration form, e.g:
Our newsletter contains information about our products, offers, promotions and our company. Information on data protection, cancellation, logging and the performance measurement included in the consent can be found in our [LINK]Privacy Policy[/Link].
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):
Dispatch service provider: The newsletter is sent by CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, hereinafter referred to as the „dispatch service provider“. You can view the data protection provisions of the dispatch service provider here: https://www.cleverreach.com/de/datenschutz/.
Dispatch service provider: The newsletter is sent using „MailChimp“, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the mailing service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
Note on the legal basis: Please select the variant for Germany or Austria in the information on the legal basis. Please note that in Austria the so-called „ECG list“ must be taken into account due to a provision of the E-Commerce Act (ECG). 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. 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 only send newsletters, emails and other electronic notifications with advertising information (hereinafter „newsletter“) with the consent of the recipient or with legal authorisation. If the content of the newsletter is specifically described when registering for the newsletter, it is decisive for the user's consent. Our newsletters also 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 procedure. This means that after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary to ensure that no-one can register using other people's e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation as well as the IP address. Changes to your data stored by the mailing service provider are also logged.
28.4 Dispatch service provider: The newsletter is sent via „MailChimp“, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the mailing service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
28.5 Insofar as we use a mailing service provider, the mailing 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. to technically optimise the mailing and presentation of the newsletter or for statistical purposes in order to determine from which countries the recipients come. However, the mailing service provider does not use the data of our newsletter recipients to write to them itself or 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 so that we can address you personally 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. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval, is initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined with the help of the IP address) or the access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our endeavour nor, if used, that of the mailing 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 measured on the basis of the recipient's consent in accordance with Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with Section 7 para. 2 no. 3 UWG or on the basis of the legal authorisation in accordance with Section 7 para. 3 UWG.
28.9 Austria: The newsletter is sent and success is measured on the basis of the consent of the recipient pursuant to Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 107 para. 2 TKG or on the basis of the legal authorisation pursuant to § 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 GDPR 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. This also cancels their consent to performance measurement. A separate cancellation of the performance measurement is unfortunately not possible, in which 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. In particular, we may store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them for the purpose of sending newsletters in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time.
29. integration of third-party services and content
29.1 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 content or service offers from third-party providers within our online offer. GDPR) content or service offers from third-party providers 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 recognise the IP address of the user, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We endeavour to only use 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. Pixel tags can be used to analyse 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 some cases already mentioned here, objection options (so-called opt-out)
- If our customers use third-party payment services (e.g. PayPal or Sofortüberweisung), the terms and conditions and data protection information of the respective third-party providers, which can be accessed within the respective websites or transaction applications, apply.
- External fonts from Google, LLC, https://www.google.com/fonts („Google Fonts“). Google Fonts are integrated by calling up a Google server (usually in the USA). Privacy policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
- Maps of the „Google Maps“ service of the third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
- Videos from the „YouTube“ platform of the third-party provider Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
- Functions of the Google+ service are integrated into our online offering. These functions are offered by the third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. If you are logged into your Google+ account, you can link the content of our pages to your Google+ profile by clicking on the Google+ button. This allows Google to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Google+. Privacy policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
- Functions of the Instagram service are integrated into our online offering. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram. Privacy policy: http://instagram.com/about/legal/privacy/.
- We use social plugins from the social network Pinterest, which is operated by Pinterest Inc, 635 High Street, Palo Alto, CA, 94301, USA (“Pinterest”). When you visit a page that contains such a plugin, your browser establishes a direct connection to the Pinterest servers. The plugin transmits log data to the Pinterest server in the USA. This log data may contain your IP address, the address of the websites visited that also contain Pinterest functions, the type and settings of the browser, the date and time of the request, your use of Pinterest and cookies. Privacy policy: https://about.pinterest.com/de/privacy-policy.
- Functions of the Twitter service or platform (hereinafter referred to as „Twitter“) may be integrated into our online offering. Twitter is a service provided by Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. The functions include the presentation of our posts within Twitter within our online offering, the link to our profile on Twitter and the possibility to interact with the posts and the functions of Twitter, as well as to measure whether users reach our online offering via the adverts placed by us on Twitter (so-called conversion measurement). Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Privacy policy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization
30. use of Uptain:
To improve interaction with our visitors, we use a Java script plugin from uptain GmbH („uptain plugin“).“ https://www.uptain.de). This allows us to analyse your use of the website and improve our customer approach (e.g. through a dialogue window). For this purpose, we collect information about your usage behaviour, i.e. movement of the cursor, length of stay, links clicked on and any information provided. The legal basis for the processing is our legitimate interest in direct marketing and the provision of our website (Art. 6 para. 1 lit f GDPR). As a processor, uptain GmbH is strictly bound by our instructions. The information collected will not be passed on to third parties unless we are legally obliged to do so. If the information collected by the uptain plugin contains personal data, it will be deleted immediately after your visit to our website.
You can deactivate the use of the uptain plugin at any time via the following link: https://www.ihreshopdomain.de/datenschutz?__up_tracking_unsubscribe