Data protection
This data protection declaration explains the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Responsible:
Felix Gerber
Inselweg 5
31174 Schellerten
Owner: Felix Gerber
Telephone number: +49 1745825359
Email address: mail@felixgerber.com
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, phone numbers).
– Content data (e.g., text input, photographs, videos).
– Contract data (e.g., subject 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 persons affected by the processing:
– Customers, interested parties, visitors and users of the online offer, business partners.
– Visitors and users of the online offer.
In the following, we also refer to the data subjects collectively as “users”.
Purpose of processing
– Provision of the online offer, its content and shop functions.
– Provision of contractual services, service and customer care.
– Answering contact inquiries and communicating with users.
– Marketing, advertising and market research.
– Safety measures.
Status: June / 2021
1. Terms used
1.1. “Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
1.2. “Processing” is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data.
1.3. “Responsible” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
2. Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to safeguard 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 as the legal basis.
3. Changes and updates to the privacy policy
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes 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. Security Measures
4.1. In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons, we make suitable technical and organizational measures to ensure a level of protection appropriate to the risk; The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, ensuring availability and their separation. In addition, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we take the protection of personal data into account during the development or 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 Transfer of Data
5.1. If we disclose data to other persons and companies (contract processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, as is required for payment service providers in accordance with Art. 6 Para. 1 lit. – and legal advisors, customer care, bookkeeping, billing and similar services that allow us to efficiently and effectively fulfill our contractual obligations, administrative tasks and duties).
5.2. If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.
6. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
7. Rights of Data Subjects
7.1. You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
7.2. You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
7.3. In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.
7.4. You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
7.5. You also have acc. Art. 77 GDPR the right to lodge a complaint with the competent supervisory authority.
8. Right of withdrawal
You have the right to withdraw your consent in accordance with. Art. 7 para. 3 GDPR to be revoked with effect for the future.
9. Right to Object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.
10. Cookies and the right to object to direct mail
10.1. “Cookies” are small files that are stored on the users’ computers. Various 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 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. Such a cookie can, for example, store the content of a shopping cart in an online shop or a login status. 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 offer (otherwise, if it is only their cookies, they are referred to as “first-party cookies”).
10.2. We use temporary and permanent cookies and clarify this as part 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. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
10.3. A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ to be explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that if you do so, you may not be able to use all of the functions of this online offer.
11. Deletion of data
11.1. The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other 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 kept for commercial or tax reasons.
11.2. Germany: According to legal requirements, the storage takes place in particular for 6 years in accordance with § 257 Para. 1 HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) as well as for 10 years in accordance with Section 147 Para. 1 AO (books, records, management reports, accounting documents, 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 as part of the order processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery or execution.
12.2. The processed data includes inventory data, communication data, contract data, payment data and the data subjects our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
12.3. The processing takes place on the basis of Art. 6 Para. 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as necessary is required for the establishment and fulfillment of the contract. We only disclose the data to third parties in the context of delivery, payment or in the context of legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer’s request for delivery or payment).
12.4. Users can optionally create a user account in which they can see their orders in particular. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is for commercial or tax law reasons. Art. 6 para. 1 lit. c GDPR necessary. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is up to the users to save their data in the event of termination before the end of the contract.
12.5. As part of the registration and renewed logins as well as the use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the users in protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, 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 checked every three years; In the case of the 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 it is deleted.
13. Contact and customer service
13.1. When contacting us (via the contact form or email), the information provided by the user is used to process the contact request and to process it in accordance with. Art. 6 para. 1 lit. b) GDPR processed.
13.2. User information can be saved in our customer relationship management system (“CRM system”) or a comparable request organization.
13.3. We delete the inquiries if they are no longer required. We review the requirement every two years; We permanently save inquiries from customers who have a customer account and refer to the information on the customer account for deletion. The statutory archiving obligations also apply.
14. Collection of access data and log files
14.1. On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR data on every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider .
14.2. For security reasons (e.g. to investigate acts of abuse or fraud), log file information is stored for a maximum of seven days 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.
15. Online presence in social media
15.1. On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR online presence within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
15.2 Unless otherwise stated in our data protection declaration, we process the data of the users as long as they communicate with us within the social networks and platforms, e.g. write articles on our online presence or send us messages.
16. etracker:
The provider of this website uses the services of etracker GmbH from Hamburg, Germany ( www.etracker.com ) to analyze usage data. By default, we do not use cookies for web analysis. If we use analysis and optimization cookies, we will obtain your explicit consent separately in advance. If this is the case and you agree, cookies are used that enable a statistical range analysis of this website, a measurement of the success of our online marketing measures and test procedures, for example to test and optimize different versions of our online offer or its components . Cookies are small text files that are stored by the Internet browser on the user’s end device. etracker cookies do not contain any information that would allow a user to be identified.
The data generated with etracker is processed and stored by etracker exclusively in Germany on behalf of the provider of this website and is therefore subject to the strict German and European data protection laws and standards. In this regard, etracker has been independently tested, certified and awarded the ePrivacyseal data protection seal of approval.
The data processing takes place on the basis of the legal provisions of Art. 6 para. 1 lit. f (legitimate interest) of the General Data Protection Regulation (GDPR). Our concern within the meaning of the GDPR (legitimate interest) is the optimization of our online offer and our website. Since the privacy of our visitors is important to us, the data that may allow reference to an individual person, such as the IP address, login or device identifiers, are anonymized or pseudonymized as soon as possible. Any other use, merging with other data or disclosure to third parties does not take place.
You can object to the data processing described above at any time. The objection has no adverse consequences.
Further information on data protection at etracker can be found here .
17. Facebook Social Plugins
17.1. On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO) we use social plugins (“plugins”) of the social network facebook.com, which 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 can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “Like”, “I 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 viewed here: https://developers.facebook.com/docs/plugins/.
17.2. When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plug-in is transmitted directly from Facebook to the user’s device, which integrates it into the online offer. In doing so, user profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plug-in and therefore informs users according to our level of knowledge.
17.3. 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 into Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example by pressing the Like button or making a comment, the relevant information is sent directly from your device to Facebook and saved there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out his IP address and save it. According to Facebook, only an anonymized IP address is saved in Germany.
17.4. 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/ .
17.5. If a user is a Facebook member and does not want Facebook to collect data about him through this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and contradictions 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 website http://www.aboutads.info / choices / or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, ie they are adopted for all devices such as desktop computers or mobile devices.
18. Communication by post, email, fax or telephone
18.1 We use means of distance communication such as post, telephone or e-mail for business transactions and marketing purposes. We process inventory data, address and contact data as well as contract data from customers, participants, interested parties and communication partners.
18.2 The processing takes place on the basis of Art. 6 para. 1 lit. a, Art. 7 GDPR, Art. 6 Para. 1 lit. f GDPR in connection with legal requirements for advertising communications. Contact is only made with the consent of the contact partner or within the framework of legal permissions and the processed data is deleted as soon as it is not required and otherwise with an objection / revocation or elimination of the authorization basis or legal archiving obligations.
19. Integration of Third-Party Services and Content
19.1. We use content or service offers from third-party providers within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. Integrate services such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the users, since 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 strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user’s device and contain, among other things, 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 being linked to such information from other sources.
19.2. The following illustration provides an overview of third-party providers and their content, along with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, options for objection (so-called opt-out)
– If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and the data protection notices of the respective third party providers, which can be called up within the respective websites or transaction applications, apply.
– External fonts from Google, LLC., Https://www.google.com/fonts (“Google Fonts”). The integration of the Google Fonts takes place through a server call to Google (usually in the USA). Data protection declaration: https://policies.google.com/privacy , Opt-Out: https://adssettings.google.com/authenticated .
– Videos from the “YouTube” platform of the third-party provider Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/ , Opt-Out: https://www.google.com/settings/ads/ .
– Functions of the Instagram service are integrated into our online offer. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This enables Instagram to assign your visit to our website to 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 data transmitted or its use by Instagram. Data protection: http://instagram.com/about/legal/privacy/ .