Privacy Policy

This Privacy Policy explains the nature, 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 associated websites, functions and content as well as external online presences, such as e.g. our social media profiles (hereinafter referred to collectively as the "online offer"). With regard to the terminology used, such as "processing" or "controller", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Controller

sa den EMEA (limited liability)
Rilkestrasse 7 | 77776 Bad Rippoldsau - Schapbach | Germany

Types of data processed

- Inventory data (e.g., personal master data, names or addresses).
- Contact data (e.g., email, telephone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as "users").

Purpose of processing

- To provide the online offer, its functions and content.
- To answer contact inquiries and communicate with users.
- Security measures.
- Reach measurement/marketing

Terminology used

"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.

"Processing" means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

"Pseudonymisation" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

"Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Applicable legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal bases for our data processing. For users from the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the EEA, the following applies if the legal basis is not mentioned in the Privacy Policy:
The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR;
The legal basis for processing for the fulfilment of our services and the implementation of contractual measures as well as the response to inquiries is Art. 6 (1) (b) GDPR;
The legal basis for processing for the fulfilment of our legal obligations is Art. 6 (1) (c) GDPR;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
The legal basis for the necessary processing for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Art. 6 (1) (e) GDPR.
The legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR.
The processing of data for purposes other than those for which it was collected is governed by the provisions of Art 6 (4) GDPR.
The processing of special categories of data (according to Art. 9 (1) GDPR) is governed by the provisions of Art. 9 (2) GDPR.

Security measures

We take appropriate technical and organizational measures, taking into account the state of the art, the implementation costs and the nature, scope, context and purposes of processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk, in accordance with the legal requirements.

These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data as well as the access, input, transmission, security of availability and their separation. Furthermore, we have established procedures that guarantee the exercise of data subject rights, the deletion of data and the response to data risks. In addition, we already take the protection of personal data into account in the development or selection of hardware, software and procedures, in accordance with the principle of data protection by design and by default.

Cooperation with processors, joint controllers and third parties

If we disclose data to other persons and companies (processors, joint controllers or third parties) within the framework of our processing, transmit it to them or otherwise grant them access to the data, this will only occur on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, is necessary for the performance of the contract), the user has consented, a legal obligation so requires or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we disclose data to other companies in our corporate group, transmit it to them or otherwise grant them access, this will occur in particular for administrative purposes as a legitimate interest and, beyond that, on a basis corresponding to the legal requirements.

Transfers to third countries

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 occurs within the framework of using third-party services or disclosure or transmission of data to other persons or companies, this will only occur if it is necessary to fulfil our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or have the data processed in a third country if the legal requirements are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level equivalent to that of the EU (e.g. for the USA through the "Privacy Shield") or observance of officially recognised special contractual obligations.

Rights of data subjects

You have the right to request confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and further information and a copy of the data in accordance with the legal requirements.

You have the right, in accordance with the legal requirements, to request the completion of the personal data concerning you or the rectification of inaccurate personal data concerning you.

You have the right, in accordance with the legal requirements, to request that personal data concerning you be erased without undue delay or, alternatively, to request restriction of processing of the data in accordance with the legal requirements.

You have the right to request that personal data concerning you, which you have provided to us, be received in a structured, commonly used and machine-readable format and to request the transmission of this data to another controller.

You also have the right, in accordance with the legal requirements, to lodge a complaint with the competent supervisory authority.

Right of revocation

You have the right to revoke any consent given with effect for the future.

Right of objection

**You can object to the future processing of your personal data at any time in accordance with the legal requirements. The objection may be raised in particular against processing for direct marketing purposes.**

Cookies and right of objection to direct marketing

"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 even after their visit within 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 their browser. Such a cookie might store the contents of a shopping cart in an online shop or a login status. "Permanent" or "persistent" cookies are cookies that remain stored even after the browser is closed. For example, the login status can be stored if the users visit the website again after several days. Similarly, such a cookie can store the interests of users, which are used for reach measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the controller who operates the online offer (otherwise, if it is only the controller's cookies, they are called "first-party cookies").

We may use temporary and permanent cookies and will inform you about this in our Privacy Policy.

If users do not want cookies to be stored on their computers, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies for online marketing purposes can be declared for many services, especially in the case of tracking, via the US-American website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case, not all functions of this online offer may be used.

Erasure of data

The data processed by us is deleted or its processing is restricted in accordance with the legal requirements. Unless expressly stated otherwise 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 no legal retention obligations prevent its deletion.

If the data is not deleted because it is necessary for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

Changes and updates to the Privacy Policy

We ask you to inform yourself regularly about the content of our Privacy Policy. We will adjust the Privacy Policy as soon as changes in the data processing we carry out make this necessary. We will inform you as soon as changes require your cooperation (e.g. consent) or other individual notification.

Business-related processing

In addition, we process
- Contract data (e.g., subject matter of the contract, term, customer category).
- Payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Order processing in the online shop and customer account

We process the data of our customers within the framework of order processes in our online shop in order to enable them to select and order the chosen products and services as well as their payment and delivery or execution.

The data processed includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, prospects and other business partners. Processing takes place for the purpose of providing contractual services within the framework of operating an online shop, billing, delivery and customer services. In this context, we use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

Processing takes place to fulfill our services and to carry out contractual measures (e.g. execution of order processes) and insofar as it is legally required (e.g. legally required archiving of business transactions for commercial and tax purposes). In this context, the information marked as required is necessary for the establishment and fulfillment of the contract. We only disclose the data to third parties within the framework of delivery, payment or within the framework of legal permissions and obligations, as well as if this occurs on the basis of our legitimate interests, about which we will inform you within the framework of this Privacy Policy (e.g. to legal and tax advisors, financial institutions, freight forwarders and authorities).

Users can optionally create a user account, where they can view their orders in particular. During 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 being necessary for commercial or tax reasons. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation or our legitimate interests (e.g. in the case of legal disputes). It is the responsibility of the users to secure their data upon termination before the end of the contract.

When registering and logging in again as well as using our online services, we store the IP address and the time of the respective user action. Storage takes place on the basis of our legitimate interests as well as those of the users in protection against misuse and other unauthorized use. These data will not be passed on to third parties, unless this is necessary to pursue our legal claims as a legitimate interest or there is a legal obligation to do so.

Deletion takes place after the expiry of statutory warranty and other contractual rights or obligations (e.g. payment claims or performance obligations arising from contracts with customers), whereby the necessity of data retention is checked every three years; in the case of retention due to statutory archiving obligations, deletion takes place in this respect after their expiry.

External payment service providers

We use external payment service providers, through whose platforms users and we can make payment transactions (e.g., with a link to the privacy policy, Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)

Within the framework of the fulfillment of contracts, we use the payment service providers on the basis of Art. 6 (1) (b). GDPR. Otherwise, we use external payment service providers on the basis of our legitimate interests pursuant to Art. 6 (1) (f). GDPR in order to offer our users an effective and secure payment option.

The data processed by the payment service providers includes inventory data, such as the name and address, bank details, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract-, sum- and recipient-related information. The information is required to carry out the transactions. However, the data entered is only processed and stored by the payment service providers. This means that we do not receive any account- or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit reporting agencies. This transmission serves to verify identity and creditworthiness. For this purpose, we refer to the general terms and conditions and privacy notices of the payment service providers.

The terms and conditions and privacy notices of the respective payment service providers, which can be accessed within the respective websites or transaction applications, apply to payment transactions. We also refer to these for further information and the assertion of revocation, information and other data subject rights.

Business analysis and market research

In order to operate our business economically, to recognize market trends, the wishes of our contractual partners and users, we analyze the data available to us on business transactions, contracts, inquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data, meta data on the basis of Art. 6 (1) (f) GDPR, whereby the data subjects include contractual partners, prospects, customers, visitors and users of our online offer.

The analyses are carried out for the purpose of business evaluations, marketing and market research. In this context, we may take into account the profiles of registered users with information, e.g. about the services they have used. The analyses serve to improve user-friendliness, optimize our offer and improve efficiency. The analyses serve solely us and are not disclosed externally, unless they are anonymous analyses with aggregated values.

If these analyses or profiles are personalized, they will be deleted or anonymized upon termination of the user, otherwise after two years from the conclusion of the contract. Otherwise, the overall business analyses and general trend determinations will be made anonymously as far as possible.

Registration function

Users can create a user account. During registration, the required mandatory information is communicated to the users and processed on the basis of Art. 6 (1) (b) GDPR for the purpose of providing the user account. The processed data includes, in particular, the login information (name, password and an email address). The data entered during registration is used for the purposes of using the user account and its purpose.

Users can be informed by email about information relevant to their user account, such as technical changes. If users have terminated their user account, their data will be deleted with regard to the user account, subject to a statutory retention obligation. It is the responsibility of the users to secure their data upon termination before the end of the contract. We are entitled to irrevocably delete all user data stored during the contract period.

When using our registration and login functions as well as using the user account, we store the IP address and the time of the respective user action. Storage takes place on the basis of our legitimate interests as well as those of the users in protection against misuse and other unauthorized use. These data will not be passed on to third parties, unless this is necessary to pursue our claims or there is a legal obligation to do so pursuant to Art. 6 (1) (c). GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.

Contact

When contacting us (e.g. via contact form, email, telephone or via social media), the user's details are processed to process the contact request and its processing pursuant to Art. 6 (1) (b) (within the framework of contractual/pre-contractual relationships), Art. 6 (1) (f) (other requests) GDPR.. The user's details may be stored in a customer relationship management system ("CRM system") or comparable inquiry organization.

We delete the inquiries if they are no longer necessary. We check the necessity every two years; Furthermore, the legal archiving obligations apply.

With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.

Content of the newsletter: We only send newsletters, emails and other electronic notifications with advertising information (hereinafter referred to as "newsletter") with the consent of the recipients or a legal permission. If the contents of the newsletter are specifically described within the framework of a registration for the newsletter, they are decisive for the consent of the users. Otherwise, our newsletters contain information about our services and us.

Double-opt-in and logging: Registration for our newsletter takes place in a so-called double-opt-in procedure. This means that after you register, you will receive an email asking you to confirm your registration. This confirmation is necessary to ensure that no one can register with someone else's email address. Registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the registration and confirmation time as well as the IP address. Changes to your data stored with the dispatch service provider are also logged.

Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name for personal addressing in the newsletter.

The dispatch of the newsletter and the associated success measurement are carried out on the basis of a consent of the recipients pursuant to Art. 6 (1) (a), Art. 7 GDPR in conjunction with § 7 (2) No. 3 UWG or, if a consent is not required, on the basis of our legitimate interests in direct marketing pursuant to Art. 6 (1) lt. f. DSGVO in conjunction with § 7 (3) UWG.

The logging of the registration process takes place on the basis of our legitimate interests pursuant to Art. 6 (1) (f) GDPR. Our interest lies in the use of a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users and also allows us to prove consents.

Termination/revocation - You can unsubscribe from receiving our newsletter at any time, i.e. revoke your consent. A link to unsubscribe from the newsletter can be found at the end of each newsletter. We may store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of possibly defending claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.

With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.

Content of the newsletter: We only send newsletters, emails and other electronic notifications with advertising information (hereinafter referred to as "newsletter") with the consent of the recipients or a legal permission. If the contents of the newsletter are specifically described within the framework of a registration for the newsletter, they are decisive for the consent of the users. Otherwise, our newsletters contain information about our products and the accompanying information (e.g. safety instructions), offers, promotions and our company.

Double-opt-in and logging: Registration for our newsletter takes place in a so-called double-opt-in procedure. This means that after you register, you will receive an email asking you to confirm your registration. This confirmation is necessary to ensure that no one can register with someone else's email address. Registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the registration and confirmation time as well as the IP address. Changes to your data stored with the dispatch service provider are also logged.

Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name for personal addressing in the newsletter.

The dispatch of the newsletter and the associated success measurement are carried out on the basis of a consent of the recipients pursuant to Art. 6 (1) (a), Art. 7 GDPR in conjunction with § 107 (2) TKG or, if a consent is not required, on the basis of our legitimate interests in direct marketing pursuant to Art. 6 (1) lt. f. DSGVO in conjunction with § 107 (2) and (3) TKG.

The logging of the registration process takes place on the basis of our legitimate interests pursuant to Art. 6 (1) (f) GDPR. Our interest lies in the use of a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users and also allows us to prove consents.

Termination/revocation - You can unsubscribe from receiving our newsletter at any time, i.e. revoke your consent. A link to unsubscribe from the newsletter can be found at the end of each newsletter. We may store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of possibly defending claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.

Hosting and email dispatch

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services as well as technical maintenance services that we use for the purpose of operating this online offer.

In this context, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta data and communication data from customers, prospects and visitors of this online offer on the basis of our legitimate interests in the efficient and secure provision of this online offer pursuant to Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

Collection of access data and log files

We or our hosting provider collect data about each access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 (1) (f) GDPR. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, report on successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. to clarify cases of misuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidence purposes is excluded from deletion until the final clarification of the respective incident.

Online presences in social media

We maintain online presences within social networks and platforms in order to communicate with active customers, prospects and users there and to inform them about our services.

We point out that user data may be processed outside the European Union in this context. This can lead to risks for users, because, for example, the enforcement of user rights could be made more difficult. With regard to US providers that are certified under the Privacy Shield, we point out that they are obligated to comply with EU data protection standards.

Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from user behavior and the resulting interests of users. The user profiles can then be used, for example, to display advertisements within and outside the platforms that are presumed to be in line with the interests of users. For these purposes, cookies are generally stored on the users' computers, in which the user behavior and the interests of users are stored. Furthermore, data can 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 there).

The processing of the personal data of users takes place on the basis of our legitimate interests in effectively informing users and communicating with users pursuant to Art. 6 (1) (f) GDPR. If users are asked by the respective providers for consent to data processing (i.e. they declare their consent, for example, by ticking a checkbox or confirming a button), the legal basis for processing is Art. 6 (1) (a), Art. 7 GDPR.

For a detailed presentation of the respective processing and the possibilities of objection (opt-out), we refer to the information of the providers linked below.

Even in the case of requests for information and the assertion of user rights, we point out that these are most effectively asserted with the providers. Only the providers have access to the data of the users and can directly take corresponding measures and provide information. If you still need help, you can contact us.

- Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) - Privacy Policy: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.

- Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – Privacy Policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

- Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Policy/ Opt-Out: http://instagram.com/about/legal/privacy/.

- Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) - Privacy Policy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.

- Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) – Privacy Policy/ Opt-Out: https://about.pinterest.com/de/privacy-policy.

- LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Irland) - Privacy Policy https://www.linkedin.com/legal/privacy-policy , Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

- Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Deutschland) - Privacy Policy/ Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung.

- Wakalet (Wakelet Limited, 76 Quay Street, Manchester, M3 4PR, United Kingdom) - Privacy Policy