Data Protection Provisions
Privacy Policy
This Privacy Policy informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as the “online offering”). 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
Baj Pendel, Brigitta Schmidt
Kruppstraße 6
35781 Weilburg
Germany
info@baj-pendel.de
Imprint: https://www.baj-pendel.com/Information/Impressum/
Types of Data Processed
- Inventory data (e.g., names, addresses).
- Contact data (e.g., email addresses, phone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., visited websites, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Categories of Data Subjects
Visitors and users of the online offering (hereinafter collectively referred to as “users”).
Purpose of Processing
- Provision of the online offering, its functions and content.
- Answering contact requests and communicating with users.
- Security measures.
- Reach measurement / marketing.
Terminology Used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g., cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations performed on personal data, whether or not by automated means. The term is broad and includes virtually any handling of data.
“Pseudonymization” 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, 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.
Relevant Legal Bases
In accordance with Art. 13 GDPR, we inform you about the legal bases of our data processing activities. Unless the legal basis is mentioned in this Privacy Policy, the following applies: the legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR; the legal basis for processing for the performance of our services and for carrying out contractual measures as well as responding to inquiries is Art. 6(1)(b) GDPR; the legal basis for processing to fulfill our legal obligations is Art. 6(1)(c) GDPR; and the legal basis for processing to safeguard our legitimate interests is Art. 6(1)(f) GDPR. If processing of personal data is necessary to protect vital interests of the data subject or another natural person, Art. 6(1)(d) GDPR serves as the legal basis.
Security Measures
In accordance with Art. 32 GDPR, taking into account the state of the art, implementation costs, and the nature, scope, circumstances and purposes of processing, as well as the varying likelihood and severity of risk to the rights and freedoms of natural persons, we implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access relating to them, input, disclosure, ensuring availability and separation. Furthermore, we have established procedures to ensure the exercise of data subject rights, deletion of data, and responses to data threats. In addition, we consider the protection of personal data already during the development and selection of hardware, software and processes, in accordance with the principles of data protection by design and by default (Art. 25 GDPR).
Cooperation with Processors and Third Parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them, or otherwise grant them access to the data, this occurs only on the basis of a legal permission (e.g., if a transfer of data to third parties such as payment service providers is necessary for contract performance pursuant to Art. 6(1)(b) GDPR), if you have consented, if a legal obligation provides for this, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “data processing agreement”, this is done on the basis of Art. 28 GDPR.
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 using third-party services or disclosure or transfer of data to third parties, this occurs only if it is necessary for the performance of 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 statutory or contractual permissions, we process or have data processed in a third country only if the special requirements of Art. 44 et seq. GDPR are met. This means, for example, processing is carried out on the basis of special safeguards, such as an officially recognized determination of an adequate level of data protection or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of Data Subjects
You have the right to request confirmation as to whether the relevant data are being processed and to obtain information about these data, as well as further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR, you have the right to request completion of the data concerning you or correction of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to request that relevant data be deleted without undue delay, or alternatively, in accordance with Art. 18 GDPR, to request restriction of processing of the data.
You have the right to receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request its transmission to other controllers.
You also have the right, pursuant to Art. 77 GDPR, to lodge a complaint with the competent supervisory authority.
Right to Withdraw Consent
You have the right to withdraw consents given pursuant to Art. 7(3) GDPR with effect for the future.
Right to Object
You may object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection may be made in particular against processing for direct marketing purposes.
Cookies and Right to Object to Direct Advertising
“Cookies” are small files that are stored on users’ computers. Various types of information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit within an online offering.
Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offering and closes their browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored.
“Permanent” or “persistent” cookies are cookies that remain stored even after closing the browser. For example, the login status can be stored if users return after several days. Likewise, users’ interests can be stored in such a cookie, which are used for reach measurement or marketing purposes.
“Third-party cookies” are cookies offered by providers other than the controller operating the online offering (otherwise, if only the controller’s cookies are used, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and provide information about this within this Privacy Policy.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser settings. Stored cookies can be deleted in the system settings of the browser. Disabling cookies may lead to functional restrictions of this online offering.
A general objection to the use of cookies used for online marketing purposes can be declared for a variety 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/. Furthermore, cookies can be disabled by turning them off in the browser settings. Please note that in this case not all functions of this online offering may be usable.
Deletion of Data
The data processed by us will be deleted or restricted in processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated within this Privacy Policy, data stored with us will be deleted as soon as it is no longer necessary for its intended purpose and no statutory retention obligations prevent deletion.
If data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. That is, 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 law reasons.
According to legal requirements in Germany, retention is in particular for 10 years in accordance with §§ 147(1) AO, 257(1) No. 1 and 4, (4) HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and for 6 years in accordance with § 257(1) No. 2 and 3, (4) HGB (commercial letters).
According to legal requirements in Austria, retention is in particular for 7 years pursuant to § 132(1) BAO (accounting records, receipts/invoices, accounts, documents, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years for documents related to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU member states for which the Mini One Stop Shop (MOSS) is used.
Business-Related Processing
In addition, we process the following data:
- Contract data (e.g., subject matter of the contract, term, customer category).
- Payment data (e.g., bank details, payment history).
from our customers, interested parties 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 customer data within the scope of the ordering process in our online shop in order to enable the selection and ordering of products and services, as well as their payment and delivery or performance.
The processed data includes inventory data, communication data, contract data, payment data; the data subjects are our customers, interested parties and other business partners. Processing is carried out for the purpose of providing contractual services as part of operating an online shop, billing, delivery and customer service. We use session cookies to store shopping cart contents and permanent cookies to store login status.
Processing is carried out on the basis of Art. 6(1)(b) GDPR (execution of the ordering process) and Art. 6(1)(c) GDPR (legally required archiving). The information marked as required is necessary for the conclusion and fulfillment of the contract. We disclose data to third parties only within the scope of delivery, payment or within the framework of legal permissions and obligations to legal advisors and authorities. Data is processed in third countries only if this is necessary for contract performance (e.g., at the customer’s request for delivery or payment).
Users may optionally create a user account to view their orders. During registration, users will be informed of the required mandatory information. User accounts are not public and cannot be indexed by search engines. If users terminate their account, their account data will be deleted, subject to retention required for commercial or tax law purposes pursuant to Art. 6(1)(c) GDPR. Data in the customer account remains until it is deleted and, if legally required, subsequently archived. Users are responsible for securing their data before the contract ends after termination.
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 is based on our legitimate interests and the users’ interests in protection against misuse and unauthorized use. Data is generally not disclosed to third parties unless required for the enforcement of our claims or due to a legal obligation pursuant to Art. 6(1)(c) GDPR.
Deletion occurs after statutory warranty and comparable obligations have expired. The necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion occurs after their expiry (end of commercial retention obligations (6 years) and tax retention obligations (10 years)).
External Payment Service Providers
We use external payment service providers through whose platforms users and we can carry out payment transactions (e.g., with link to the privacy policy of each provider): 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).
For contract performance, we use payment service providers on the basis of Art. 6(1)(b) GDPR. In addition, we use external payment service providers on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR to offer users effective and secure payment options.
The data processed by the payment service providers includes inventory data such as name and address, bank data such as account or credit card numbers, passwords, TANs and checksums, as well as contract, amount and recipient-related information. The information is required to carry out the transactions. The entered data is processed and stored only by the payment service providers. This means we do not receive any account or credit card information, but only information confirming or rejecting payment. Under certain circumstances, payment service providers may transmit data to credit agencies for identity and creditworthiness checks. Please refer to the terms and privacy notices of the respective payment service providers.
The terms and conditions and privacy notices of the respective payment service providers apply to payment transactions and can be accessed on the providers’ websites and transaction applications. We also refer to these for further information and the assertion of withdrawal, information and other data subject rights.
Administration, Financial Accounting, Office Organization, Contact Management
We process data within the scope of administrative tasks and the organization of our operations, financial accounting and compliance with legal obligations such as archiving. The legal bases are Art. 6(1)(c) GDPR and Art. 6(1)(f) GDPR. Data subjects include customers, interested parties, business partners and website visitors. The purpose and our interest in processing lie in administration, financial accounting, office organization and archiving of data, i.e., tasks necessary to maintain our business activities and provide our services.
We may disclose or transmit data to tax authorities, advisors (e.g., tax consultants or auditors), as well as other fee offices and payment service providers. Furthermore, we store information about suppliers, organizers and other business partners on the basis of our business interests, e.g., for later contact; such primarily company-related data is generally stored permanently.
Registration Function
Users may create a user account. During registration, users are informed of the required mandatory information and the data is processed on the basis of Art. 6(1)(b) GDPR to provide the user account. The processed data includes, in particular, login information (username, password and an email address). The data entered during registration is used for the purposes of using the user account.
Users may be informed by email about information relevant to their user account, such as technical changes. If users terminate their user account, their data related to the user account will be deleted, subject to statutory retention obligations. Users are responsible for securing their data before the end of the contract after termination. We are entitled to irretrievably delete all user data stored during the term of the contract.
When using our registration and login functions and the user account, we store the IP address and the time of the respective user action. Storage is based on our legitimate interests and the users’ interests in protection against misuse and unauthorized use. Data is generally not disclosed to third parties unless required for the enforcement of our claims or due to a legal obligation pursuant to Art. 6(1)(c) GDPR. IP addresses are anonymized or deleted no later than after 7 days.
Comments and Posts
If users leave comments or other contributions, their IP addresses may be stored for 7 days on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR. This is for our security in case unlawful content is left in comments or posts (insults, prohibited political propaganda, etc.).
Furthermore, we reserve the right to process user information for spam detection on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR. Data provided in comments and posts is stored permanently until users object.
Contact
When contacting us (e.g., via contact form, email, phone or social media), user details are processed to handle the contact request and its processing pursuant to Art. 6(1)(b) GDPR. User details may be stored in a customer relationship management system (“CRM”) or comparable inquiry organization. We delete inquiries if they are no longer required; we review necessity every two years; statutory archiving obligations apply.
Newsletter
The following information explains the content of our newsletter, the registration, dispatch and statistical evaluation procedure, and your rights to object. By subscribing to our newsletter, you agree to receive it and to the described procedures.
We send newsletters, emails and other electronic notifications containing promotional information (hereinafter “newsletter”) only with the recipients’ consent or a statutory permission. If the content is specifically described during newsletter registration, it is decisive for consent. Otherwise, our newsletters contain information about our services and us.
Double opt-in and logging: Newsletter registration takes place in a double opt-in procedure. After registration, you receive an email asking you to confirm your subscription. This confirmation is required so that no one can subscribe with third-party email addresses. Registrations are logged in order to provide evidence in accordance with legal requirements. This includes storing the registration and confirmation time as well as the IP address. Changes to data stored by the mailing service provider are also logged.
Registration data: To subscribe, it is sufficient to provide your email address. Optionally, we request a name for personal addressing.
Dispatch and success measurement are carried out on the basis of consent pursuant to Art. 6(1)(a) and Art. 7 GDPR in conjunction with Section 7(2) No. 3 UWG, or, if consent is not required, on the basis of our legitimate interests in direct marketing pursuant to Art. 6(1)(f) GDPR in conjunction with Section 7(3) UWG.
Logging is carried out on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR. Our interest is the use of a user-friendly and secure newsletter system, which serves our business interests and users’ expectations and allows us to provide proof of consents.
Cancellation/withdrawal: You may cancel the newsletter at any time, i.e., withdraw your consent. A link to unsubscribe is found at the end of every newsletter. We may store unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them in order to prove prior consent. Processing is limited to the purpose of possible defense against claims. An individual deletion request is possible at any time if the former existence of consent is confirmed.
Hosting and Email Delivery
Hosting services used by us provide infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services and technical maintenance, which we use for the purpose of operating this online offering.
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 on the basis of our legitimate interests in efficient and secure provision of this online offering 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 (“server log files”) on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR. Access data includes the name of the retrieved website, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g., to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data whose further retention is required for evidentiary purposes is exempt from deletion until the incident is finally clarified.
Google AdWords and Conversion Measurement
Based on our legitimate interests (i.e., interest in analysis, optimization and economic operation of our online offering pursuant to Art. 6(1)(f) GDPR), we use services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
Google is certified under the Privacy Shield framework and thus provides a guarantee to comply with European data protection law. (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active)
We use Google “AdWords” to place ads in the Google advertising network (e.g., in search results, videos, on websites) so they are displayed to users who have a presumed interest in the ads. This allows us to display ads more specifically to users and to show only ads that potentially match their interests (“remarketing”).
For these purposes, when our and other websites are accessed on which the Google advertising network is active, Google executes a code and so-called (re)marketing tags (invisible graphics or code, also called “web beacons”) are embedded into the website. With their help, a cookie (or comparable technology) is stored on users’ devices. This file records which websites the user visited, which content they are interested in and which offers they clicked, as well as technical information about browser and operating system, referring websites, visit time and other information about the use of the online offering.
We also receive an individual “conversion cookie”. Information gathered using the cookie enables Google to create conversion statistics for us. However, we only learn the anonymized total number of users who clicked on our ad and were redirected to a page tagged with a conversion tracking tag. We do not receive information that can personally identify users.
User data is processed pseudonymously within the Google advertising network. This means Google does not store and process, for example, the name or email address of users, but processes relevant cookie-related data within pseudonymous user profiles. From Google’s perspective, ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who that cookie holder is.
More information about Google’s use of data, setting and objection options can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in Google’s ad settings (https://adssettings.google.com/authenticated).
Social Media Presences
We maintain online presences within social networks and platforms in order to communicate with customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and data processing policies of the respective operators apply.
Unless otherwise stated within this Privacy Policy, we process users’ data if they communicate with us within social networks and platforms, e.g., post on our online presences or send us messages.
Integration of Third-Party Services and Content
Within our online offering, we use content or service offers from third-party providers based on our legitimate interests (i.e., interest in analysis, optimization and economic operation of our online offering pursuant to Art. 6(1)(f) GDPR), in order to integrate their content and services, such as videos or fonts (collectively referred to as “content”).
This always requires that the third-party providers of this content perceive users’ IP addresses, because without the IP address they could not send the content to the users’ browsers. The IP address is therefore required to display this content. We strive to use only content whose provider uses the IP address solely for the delivery of 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. Pseudonymous information may also be stored in cookies on users’ devices and may include technical information about browser and operating system, referring websites, visit time and other information about the use of our online offering, and may be combined with such information from other sources.
YouTube
We embed videos from the platform “YouTube” provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.
Google Maps
We embed maps of the service “Google Maps” provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Processed data may include, in particular, users’ IP addresses and location data, which are not collected without user consent (as a rule via settings on mobile devices). Data may be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.
Use of Facebook Social Plugins
Based on our legitimate interests (i.e., interest in analysis, optimization and economic operation of our online offering pursuant to Art. 6(1)(f) GDPR), we use social plugins (“plugins”) of the social network facebook.com operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
The plugins can represent 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”, “Gefällt mir” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. A list and the appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield agreement and thereby provides a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user accesses a function of this online offering that contains such a plugin, their device establishes a direct connection to Facebook’s servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offering. Usage profiles of users may be created from the processed data. We therefore have no influence on the scope of data that Facebook collects with the help of this plugin.
By integrating the plugin, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged into Facebook, Facebook can assign the visit to the user’s Facebook account. If users interact with the plugins, for example by pressing the Like button or leaving a comment, the corresponding information is transmitted directly from their device to Facebook and stored there. If a user is not a Facebook member, Facebook may still be able to obtain and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.
The purpose and scope of data collection and the further processing and use of the data by Facebook, as well as the related rights and setting options to protect user privacy, can be found in Facebook’s privacy notices: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about them via this online offering and link it with their Facebook member data, they must log out of Facebook before using our online offering and delete their cookies.
Further settings and objections to the use of data for advertising purposes are possible within Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. These settings apply across platforms, i.e., they apply to all devices such as desktop computers or mobile devices.
Created with Datenschutz-Generator.de by attorney Dr. Thomas Schwenke