This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within the framework of the provision of our services as well as within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as "online offer"). With regard to the terms used, such as "processing" or "responsible party", we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
Hanenkamp, Wagner, Windler GbR
Phone: +49 151 28871722
(Responsible for the content according to § 55 Abs. 2 RStV)
Visitors and users of the online offer (in the following we will refer to the persons concerned collectively as "users").
"Personal data" shall mean 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 on-line identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all processing of data.
"pseudonymisation" shall mean the processing of personal data in such a way that the personal data cannot be related to a specific data subject without the use of supplementary information, provided that this supplementary information is kept separate and is subject to technical and organisational measures ensuring that the personal data is not related to an identified or identifiable natural person
"profiling" shall mean any automated processing of personal data consisting in using such personal data to evaluate certain personal aspects relating to a natural person, in particular in order to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that natural person
Controller" shall mean 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.
"processor" shall mean any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. The following applies to users from the scope of the Basic Data Protection Regulation (DSGVO), i.e. the EU and EEC, unless the legal basis is stated in the data protection declaration:
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
Such measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to data, as well as access, input, disclosure, safeguarding of availability and segregation of data relating to them. Furthermore, we have established 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 processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings.
Cooperation with contract processors, jointly responsible parties and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors, jointly responsible parties or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal authorization (e.g. if the data must be transferred to third parties, such as payment service providers, in order to fulfill a contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosters, etc.).
If we disclose, transmit or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, moreover, on a basis that complies with the legal requirements.
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this is done in the context of using the services of third parties or disclosure or transfer of data to other persons or companies, 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 express consent or contractually required transfer, we process or allow data to be processed only in third countries with a recognised level of data protection, including the US processors certified under the "Privacy Shield" or on the basis of special guarantees, such as contractual obligations through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission).
Right of access: You have the right to obtain confirmation as to whether or not data in question are being processed and to be given access to such data and to receive further information and copies of the data in accordance with the law.
Right of rectification: You have the right to request, in accordance with the law, the completion of the data concerning you or the rectification of inaccurate data concerning you.
Right to erasure and restriction of processing: You have the right to request that data concerning you be erased immediately in accordance with the law or, alternatively, to request a restriction of processing in accordance with the law.
Right to data transferability: You have the right to receive data concerning you which you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transferred to another responsible party.
Complaints to the supervisory authority: You also have the right to lodge a complaint with the competent supervisory authority in accordance with the statutory provisions.
You have the right to revoke any consent given with effect for the future.
Right of objection: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letter e or f of the DPA; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
Cookies" are small files that are stored on the user's computer. 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 his 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 contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only the cookies of this person, they are called "first-party cookies").
If users do not wish cookies to be stored on their computer, they are requested 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 limitations of this online offer.
The data processed by us will be deleted or restricted in their processing in accordance with the legal requirements. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations.
If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. to give your consent) or to receive other individual notification.
Within our online offer, we use tracking measures customary in the industry on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer) in accordance with Art. 6 para. 1 lit. f DSGVO, insofar as these are necessary for the operation of the affiliate system. In the following, we explain the technical background to the users.
The services offered by our contractual partners can also be advertised and linked on other websites (so-called affiliate links or after-buy systems, if, for example, links or services of third parties are offered after the conclusion of a contract). The operators of the respective websites receive a commission if users follow the affiliate links and then take advantage of the offers.
In summary, it is necessary for our online offer that we can track whether users who are interested in affiliate links and/or the offers available from us subsequently take up the offers at the instigation of the affiliate links or our online platform. For this purpose, the affiliate links and our offers are supplemented by certain values that can be set as part of the link or otherwise, e.g. in a cookie. These values include in particular the initial website (referrer), time, an online identification of the operator of the website on which the affiliate link was located, an online identification of the respective offer, an online identification of the user, as well as tracking specific values such as advertising material ID, partner ID and categorizations.
The online IDs of the users used by us are pseudonymous values. This means that the online IDs themselves do not contain any personal data such as names or e-mail addresses. They only help us to determine whether the same user who clicked on an affiliate link or was interested in an offer via our online offer has taken up the offer, i.e. has concluded a contract with the provider, for example. However, the online identification is personal to the extent that the partner company and also we, the online identification together with other user data. Only in this way can the partner company inform us whether the user has taken advantage of the offer and whether we can pay out the bonus, for example.
We are entitled to make use of our online offer 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. DSGVO), we are participants in the Amazon EU partner programme, which was designed to provide a medium for websites, by means of which advertising costs can be earned by placing advertisements and links to Amazon.de (so-called affiliate system). This means that as an Amazon partner we earn on qualified purchases.
Note: Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or one of its affiliates.
For further information on AWIN's use of data and the possibility of objecting, please refer to the company's data protection declaration: https://www.awin.com/de/rechtliches.
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online offer.
For this purpose, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing agreement).
We, or our hosting provider, on the basis of our legitimate interests as defined in Art. 6 para. 1 lit. f. DSGVO 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 site), IP address and the requesting provider.
For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data whose further storage is required for evidential purposes is excluded from deletion until final clarification of the respective incident.
Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services related to the use of this website and the internet. The processed data can be used to create pseudonymous user profiles of the users.
We only use Google Analytics with activated IP anonymisation. This means that the IP address of users is shortened by Google within member states of the European Union or in other states that are parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred 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 adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
If we ask the users for their consent (e.g. in the context of a cookie consent), the legal basis for this processing is Art. 6 para. 1 lit. a. DSGVO. Otherwise, the personal data of the users will be 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. DSGVO) will be processed.
Insofar as data is processed in the USA, we would like to point out that Google is certified under the Privacy Shield Agreement and thereby assures that it complies with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
The personal data of users will be deleted or anonymised after 14 months.
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services.
We point out that user data may be processed outside the European Union. This can result in risks for the users, because the enforcement of the users' rights could be made more difficult. With regard to US providers who are certified under the Privacy-Shield, we would like to point out that they thereby undertake to comply with the data protection standards of the EU.
Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from the user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behaviour and interests of the users are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of users' personal data is based on our legitimate interests in effective user information and communication with users in accordance with Art. 6 Para. 1 lit. f. DSGVO. If the users are asked by the respective providers of the platforms to give their consent to the aforementioned data processing, the legal basis of the processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.
For a detailed presentation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.
Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. Should you nevertheless need help, please contact us.
Within our online offer, we set the following priorities 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. DSGVO), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").
This always presupposes that the third-party providers of such content are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore required to display this content. We make every effort to use only such content whose respective providers use the IP address only 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 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 contain technical information on the browser and operating system, referring web pages, visiting time and other details on the use of our online offer, as well as being linked to such information from other sources.