Disclaimer: The following template was created by a lawyer (Dr. jur. Schwenke, LL.M. commercial (UoA), Certified Data Protection Auditor (DSA-TÜV) Certified Data Protection Officer (TÜV Süd) ) according to the typical requirements of an online shop. However, you should only use the template after careful examination and adaptation to your specific business model. The following template therefore contains additional notes that you must observe and red passages that you must check carefully and adapt if necessary. Please remove the notes after editing. If in doubt, seek legal advice. Copyright: You may use the template within the domain/website as long as your MarketPress license is valid for it. Passing it on to third parties, including customers (e.g. as a developer) is not permitted.
Data protection
Introduction
With the following privacy policy, we would like to inform you about the types of your personal data (hereinafter also referred to as “data”) that we process for what purposes and to what extent. The privacy policy applies to all processing of personal data carried out by us, both in the context of the provision of our services and in particular on our websites, mobile, as well as within external online presences, such as our social media profiles (hereinafter collectively referred to as “online offer”).
The terms used are not gender-specific.
Status: XX.XX.20XX
Please indicate the status of the privacy policy.
Table of contents
- Introduction
- Controller
- Overview of processing operations
- Contact Data Protection Officer
- Relevant legal bases
- Security measures
- Transmission and disclosure of personal data
- Data processing in third countries
- Use of cookies
- Commercial and business services
- Payment service provider
- Credit check
- Provision of the online offer and web hosting
- Contacting us
- Newsletter and electronic notifications
- Web analysis, monitoring and optimization
- Online marketing
- Presences in social networks (social media)
- Plugins and embedded functions and content
- Deletion of data
- Amendment and update of the privacy policy
- Rights of data subjects
- Definitions
Controller
First name, last name / company
Street, house number
Postcode, city
Country
E-mail address: Your e-mail address
Phone: Your phone number (optional)
Imprint: URL of your imprint (optional, but recommended)
Note: For sole proprietorships, please use the term “owner” and not “managing director”.
Contact Data Protection Officer
First name, last name / company
Street, house number
Postcode, city
Country
Note: Only the e-mail address is mandatory, the other information is optional. Data protection officers only need to be specified if they have been appointed. According to § 38 BDSG-Neu, an order is already necessary from 20 employees who process personal data (which practically already includes an e-mail mailbox).
Overview of processing operations
The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.
Note: The following information includes the typical processed data and data subject categories (these themselves and the explanations in brackets are for illustration purposes only and can be adapted or deleted).
Types of data processed
- Inventory data (e.g. names, addresses).
- Content data (e.g. entries in online forms).
- Contact data (e.g. e-mail, telephone numbers).
- Meta/communication data (e.g. device information, IP addresses).
- Usage data (e.g. websites visited, interest in content, access times).
- Location data (information on the geographical position of a device or a person).
- Contract data (e.g. subject matter of the contract, term, customer category).
- Payment data (e.g. bank details, invoices, payment history).
Categories of data subjects
- Business and contractual partners.
- Interested parties.
- Communication partners.
- Customers.
- Users (e.g. website visitors, users of online services).
Purposes of processing
- Assessment of creditworthiness and credit rating.
- Provision of our online offer and user-friendliness.
- Visit action evaluation.
- Office and organizational procedures.
- Cross-device tracking (cross-device processing of user data for marketing purposes).
- Direct marketing (e.g. by e-mail or post).
- Interest-based and behavioral marketing.
- Contact requests and communication.
- Conversion measurement (measurement of the effectiveness of marketing measures).
- Profiling (creation of user profiles).
- Remarketing.
- Reach measurement (e.g. access statistics, recognition of returning visitors).
- Security measures.
- Tracking (e.g. interest-/behavior-related profiling, use of cookies).
- Provision of contractual services and customer service.
- Administration and answering of inquiries.
- Target group formation (determination of target groups relevant for marketing purposes or other output of content).
Automated decisions in individual cases
- Credit information (decision based on a credit check).
Relevant legal bases
In the following, we will share the legal bases of the General Data Protection Regulation (GDPR), on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, the national data protection regulations in your or our country of residence may apply. If, in individual cases, more specific legal bases are relevant, we will inform you of these in the privacy policy.
- Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR) – The data subject has given his or her consent to the processing of personal data relating to him or her for a specific purpose or several specific purposes.
- Performance of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR) – Processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the request of the data subject.
- Legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR) – Processing is necessary to fulfill a legal obligation to which the controller is subject.
- Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR) – Processing is necessary to protect the legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, prevail.
Security measures
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 different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data, as well as access relating to it, input, disclosure, ensuring availability and its separation. In addition, we have established procedures that ensure the exercise of data subject rights, the deletion of data and reactions to data threats. Furthermore, we take the protection of personal data into account as early as 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.
SSL encryption (https): We use SSL encryption to protect your data transmitted via our online offer. You can recognize such encrypted connections by the prefix https:// in the address bar of your browser.
Note: Remove the reference to encryption if your offer is not encrypted. However, delivering the website via https is a must.
Transmission and disclosure of personal data
As part of our processing of personal data, it happens that the data is transmitted to other bodies, companies, legally independent organizational units or persons or disclosed to them. The recipients of this data may include, for example, payment institutions as part of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and in particular conclude corresponding contracts or agreements with the recipients of your data that serve to protect your data.
Data processing in third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, bodies or companies, this only takes place in accordance with the legal requirements.
Subject to express consent or transfer required by contract or law, we only process or have the data processed in third countries with a recognized level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de ).
As part of the so-called “Data Privacy Framework” (DPF), the EU Commission has also recognized the level of data protection as safe for certain companies from the USA as part of the adequacy decision of July 10, 2023. The list of certified companies as well as further information on the DPF can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/ (in English). We will inform you in the privacy policy which of our service providers are certified under the Data Privacy Framework.
Use of cookies
Cookies are small text files or other storage notes that store information on end devices and read information from the end devices. E.g. to store the login status in a user account, a shopping cart content in an e-shop, the content accessed or functions used of an online offer. Cookies can also be used for various purposes, e.g. for the purposes of functionality, security and comfort of online offers as well as the creation of analyses of visitor flows.
Notes on consent: We use cookies in accordance with the legal requirements. Therefore, we obtain prior consent from users, unless this is not required by law. Consent is not necessary in particular if the storage and reading of the information, including cookies, are absolutely necessary to provide users with a telemedia service (i.e. our online offer) expressly requested by them. The revocable consent is clearly communicated to the users and contains the information on the respective cookie use.
Notes on data protection legal bases: Which data protection legal basis we use to process the personal data of users with the help of cookies depends on whether we ask users for consent. If the users consent, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the help of cookies is processed on the basis of our legitimate interests (e.g. in an economic operation of our online offer and improvement of its usability) or, if this is done in the context of the fulfillment of our contractual obligations, if the use of cookies is necessary to fulfill our contractual obligations. We will inform you about the purposes for which the cookies are processed by us in the course of this privacy policy or in the context of our consent and processing processes.
Storage period: With regard to the storage period, the following types of cookies are distinguished:
- Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user leaves an online offer and closes his end device (e.g. browser or mobile application).
- Permanent cookies: Permanent cookies remain stored even after the end device is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the data of users collected with the help of cookies can be used for reach measurement. Unless we provide users with explicit information on the type and storage period of cookies (e.g. in the context of obtaining consent), users should assume that cookies are permanent and the storage period can be up to two years.
General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the possibility at any time to revoke a given consent or to object to the processing of your data by cookie technologies (collectively referred to as “opt-out”). You can first declare your objection by means of the settings of your browser, e.g. by deactivating the use of cookies (which may also restrict the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be made by means of a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/. In addition, you can obtain further objection information in the context of the information on the service providers and cookies used.
Processing of cookie data on the basis of consent: We use a procedure for cookie consent management, in the context of which the consents of users to the use of cookies, or the processing and providers mentioned in the context of the cookie consent management procedure, are obtained and can be managed and revoked by the users. The declaration of consent is stored in order not to have to repeat its query again and to be able to prove the consent in accordance with the legal obligation. The storage can take place server-side and/or in a cookie (so-called opt-in cookie, or with the help of comparable technologies) in order to be able to assign the consent to a user or his device. Subject to individual information on the providers of cookie management services, the following information applies: The duration of the storage of the consent can be up to two years. A pseudonymous user identifier is formed and stored with the time of consent, information on the scope of consent (e.g. which categories of cookies and/or service providers) as well as the browser, system and end device used.
Cookie settings/objection option:
If you use a cookie consent banner (which is recommended), you can enter the possibility to call it up at this point (e.g. link or a so-called [shortcode], which is automatically converted into a button/link by your software).
Notes on the processing of cookie data on the basis of consent: You should only leave this option (and otherwise delete it) if you obtain a “real” opt-in, i.e. consent from users to the use of cookies (e.g. with so-called “cookie consent/consent/opt-in banners” or as part of a registration process).
Since a cookie opt-in is generally necessary according to the ECJ when using marketing tools frequently used in e-commerce (e.g. Google Analytics or Facebook pixel), this option is preselected.
I.e., do not use cookies (and do not use any third-party services within your websites that themselves use cookies) until users have given their consent. The only permissible use is that of necessary cookies that users expect, such as a shopping cart function in the online shop or local reach measurement with the Matomo tool.
Commercial and business services
We process data from our contractual and business partners, e.g. customers and interested parties (collectively referred to as “Contractual Partners”) within the framework of contractual and comparable legal relationships as well as related measures and within the framework of communication with the Contractual Partners (or pre-contractually), e.g. to answer inquiries.
We process this data to fulfill our contractual obligations, to safeguard our rights and for the purposes of the administrative tasks associated with this information and the entrepreneurial organization. We only pass on the data of the contractual partners to third parties within the framework of the applicable law to the extent that this is necessary for the aforementioned purposes or for the fulfillment of legal obligations or with the consent of the persons concerned (e.g. to participating telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about further forms of processing, e.g. for marketing purposes, within the framework of this data protection declaration.
We inform the contractual partners which data is required for the aforementioned purposes before or within the scope of the data collection, e.g. in online forms, by means of special markings (e.g. colors) or symbols (e.g. asterisks or similar), or personally.
We delete the data after the expiry of statutory warranty and comparable obligations, i.e. generally after a period of 4 years, unless the data is stored in a customer account, e.g. as long as it must be kept for legal reasons of archiving (e.g. for tax purposes, usually 10 years). If a deadline does not expressly begin on a specific date and is at least one year, it automatically starts at the end of the calendar year in which the event triggering the deadline occurred. In the case of ongoing contractual relationships in which data is stored, the event triggering the deadline is the point in time at which the termination or other termination of the legal relationship becomes effective. We delete data that has been disclosed to us by the contractual partner within the scope of an order in accordance with the specifications of the order, generally after the end of the order.
Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.
Customer account: Contractual partners can create an account within our online offer (e.g. customer or user account, in short “customer account”). If the registration of a customer account is required, contractual partners will be informed of this as well as the information required for registration. The customer accounts are not public and cannot be indexed by search engines. As part of the registration as well as subsequent registrations and uses of the customer account, we store the IP addresses of the customers together with the times of access in order to be able to prove the registration and prevent any misuse of the customer account.
If customers have terminated their customer account, the data relating to the customer account will be deleted, subject to its storage being required for legal reasons. It is the responsibility of the customers to save their data when the customer account has been terminated.
Economic analyses and market research: For business management reasons and in order to be able to recognize market trends, wishes of the contractual partners and users, we analyze the data available to us on business transactions, contracts, inquiries, etc., whereby contractual partners, interested parties, customers, visitors and users of our online offer can fall into the group of affected persons.
The analyses are carried out for the purpose of business management evaluations, marketing and market research (e.g. to determine customer groups with different characteristics). We can, if available, take into account the profiles of registered users including their information, e.g. on services used. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarized, i.e. anonymized values. Furthermore, we take into account the privacy of the users and process the data for the analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g. as summarized data).
Shop and e-commerce: We process the data of our customers in order to enable them to select, purchase or order the selected products, goods and related services, as well as their payment and delivery or execution. If necessary for the execution of an order, we use service providers, in particular postal, forwarding and shipping companies, in order to carry out the delivery or execution to our customers. We use the services of banks and payment service providers to process the payment transactions. The required information is marked as such in the context of the order or comparable purchase process and includes the information required for delivery or provision and billing as well as contact information in order to be able to hold any consultation.
- Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact data (e.g. e-mail, telephone numbers), contract data (e.g. subject matter of the contract, term, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Interested parties, business and contractual partners, customers.
- Purposes of processing: Provision of contractual services and customer service, contact requests and communication, office and organizational procedures, administration and response to inquiries, security measures, visit action evaluation, interest-based and behavioral marketing, profiling (creation of user profiles).
- Legal bases: Fulfillment of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
Note: Please remove the passage on the customer account or analysis of customer data if you do not offer a customer account or do not analyze the data of your customers as described.
Payment service provider
Within the framework of contractual and other legal relationships, due to legal obligations or otherwise on the basis of our legitimate interests, we offer the persons concerned efficient and secure payment options and use, in addition to banks and credit institutions, other payment service providers (collectively “Payment Service Providers”) for this purpose.
The data processed by the payment service providers includes inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as the contract, amount and recipient-related information. The information is required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored by them. I.e., we do not receive any account or credit card-related information, but only information with confirmation or negative information on the payment. Under certain circumstances, the data is transmitted by the payment service providers to credit agencies. This transmission is for the purpose of verifying identity and creditworthiness. In this regard, we refer to the terms and conditions and the data protection notices of the payment service providers.
The terms and conditions and the data protection notices of the respective payment service providers, which can be accessed within the respective websites or transaction applications, apply to the payment transactions. We also refer to these for further information and assertion of revocation, information and other rights of data subjects.
- Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contract data (e.g. subject matter of the contract, term, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Customers, interested parties.
- Purposes of processing: Provision of contractual services and customer service.
- Legal bases: Fulfillment of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
Used services and service providers:
- PayPal: Payment services and solutions (e.g. PayPal, PayPal Plus, Braintree); Service provider: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg; Website: https://www.paypal.com/de; Data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Otherwise, adjust the list of services and providers as needed.
Credit check
If we make advance payments or take comparable economic risks (e.g. when ordering on account), we reserve the right to obtain identity and credit information from specialized service companies (credit agencies) for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures in order to protect our legitimate interests.
We process the information received from the credit agencies about the statistical probability of a payment default as part of a proper discretionary decision on the establishment, implementation and termination of the contractual relationship. We reserve the right, in the event of a negative result of the credit check, to refuse payment on account or other advance payment.
The decision as to whether we make an advance payment is made in accordance with Art. 22 GDPR solely on the basis of an automated decision in individual cases, which our software makes on the basis of the information provided by the credit agency.
If we obtain express consent from contractual partners, the legal basis for the credit information and the transmission of the customer’s data to the credit agencies is the consent. If no consent is obtained, the credit information is obtained on the basis of our legitimate interests in the default security of our payment claims.
- Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact data (e.g. e-mail, telephone numbers), contract data (e.g. subject matter of the contract, term, customer category).
- Data subjects: Customers, interested parties.
- Purposes of processing: Assessment of creditworthiness and creditworthiness.
- Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
- Automated decisions in individual cases: Credit information (decision based on a credit check).
Used services and service providers:
- Verband der Vereine Creditreform e.V.: Credit agency; Service provider: Verband der Vereine Creditreform e.V., Hellersbergstraße 12, D-41460 Neuss, Germany; Website: https://www.creditreform.de/; Data protection declaration: https://www.creditreform.de/datenschutz.
Note: Remove the passage on credit checks if you do not carry out credit checks. Check and change the list of service providers if necessary. The credit check of a customer is then permissible if there is otherwise a risk of payment default, i.e. if the goods are delivered without the payment having been received (i.e. if the customer chooses to purchase on account). In contrast, there is no risk of payment default if the customer chooses the prepayment option or makes the payment via third-party providers, such as Paypal.
It should also be noted that obtaining an automatic credit report constitutes an “Automated decision in individual cases” pursuant to Art. 22 GDPR, i.e. a legal decision without human intervention. This is permissible if the customer has consented or this decision is necessary for the conclusion of the contract. Whether the decision is necessary has not yet been conclusively clarified, but is often represented as given, also by the author of this sample.
However, if you want to exclude any risk, you should obtain consent. Consent is also necessary if the credit information is already used to decide whether the “on account” option should be displayed at all. Because it could have been that the customer would have decided on prepayment or Paypal anyway and the credit check would not have been necessary. Such consent could, for example, read as follows:
I agree that a credit check will be carried out in order to decide in an automated procedure (Art. 22 GDPR) whether the option of purchase on account is offered. Further information on the credit check, the credit agencies used and the procedure as well as the possibilities of objection can be found in our [Link]data protection declaration[/Link].
Provision of the online offer and web hosting
In order to be able to provide our online offer securely and efficiently, we use the services of one or more web hosting providers, from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.
The data processed in the context of the provision of the hosting offer may include all information relating to the users of our online offer that is incurred in the context of use and communication. This regularly includes the IP address, which is necessary to deliver the content of online offers to browsers, and all entries made within our online offer or from websites.
E-mail sending and hosting: The web hosting services used by us also include the sending, receiving and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as further information regarding the e-mail dispatch (e.g. the participating providers) as well as the contents of the respective e-mails are processed. The aforementioned data can also be processed for the purpose of detecting SPAM. We ask you to note that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted during transport, but (unless a so-called end-to-end encryption method is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of e-mails between the sender and the recipient on our server.
Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files may include the address and name of the accessed websites and files, date and time of access, transferred data volumes, message about successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.
The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure the utilization of the servers and their stability.
- Processed data types: Content data (e.g. entries in online forms), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
Note: If not already done: Please ask the respective web hosters for a so-called “order processing contract” (or “Data Processing Agreement”). This is required by law because the hoster collects personal data of the website visitors for you.
Contacting us
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the information of the requesting persons is processed to the extent that this is necessary to answer the contact requests and any requested measures.
The answering of contact requests in the context of contractual or pre-contractual relationships takes place to fulfill our contractual obligations or to answer (pre)contractual requests and otherwise on the basis of the legitimate interests in answering the requests.
- Processed data types: Inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers), content data (e.g. entries in online forms), usage data (e.g. visited websites, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Affected persons: Communication partners, interested parties.
- Purposes of processing: Contact requests and communication, administration and answering of inquiries.
- Legal bases: Performance of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
Used services and service providers:
- Contact form: When users contact us via our contact form, email or other communication channels, we process the data provided to us in this context to process the communicated request. For this purpose, we process personal data within the scope of pre-contractual and contractual business relationships, insofar as this is necessary for their fulfillment and, moreover, on the basis of our legitimate interests and the interests of the communication partners in answering the requests and our statutory retention obligations.
- Help Scout: Management of contact requests and communication; Service provider: Help Scout Inc., 131 Tremont St, Boston, MA 02111-1338, USA; Website: https://www.helpscout.net; Privacy policy: https://www.helpscout.net/company/legal/privacy/; Basis for third country transfer: Standard contractual clauses (https://www.helpscout.com/company/legal/dpa/); Data processing agreement: https://www.helpscout.com/company/legal/dpa/.
Note: If external CRM systems are used, their providers should be named. Please adapt this information or remove the specified service provider. Furthermore, data processing agreements (or “Data Processing Agreement”) must be concluded with the providers. If the providers process the data of the users in a third country, special guarantees must be in place (e.g. standard contractual clauses).
Newsletter and electronic notifications
We only send newsletters, e-mails and other electronic notifications (hereinafter “newsletter”) with the consent of the recipients or a legal permission. If the contents of the newsletter are specifically described within the scope of a registration for the newsletter, they are decisive for the consent of the users. In addition, our newsletters contain information about our services and us.
To subscribe to our newsletters, it is generally sufficient if you provide your e-mail address. However, we may ask you to provide a name for the purpose of addressing you personally in the newsletter, or other information, if this is necessary for the purposes of the newsletter.
Double-opt-in procedure: Registration for our newsletter is generally carried out using a double-opt-in procedure. This means that after registering, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can register with someone else’s e-mail addresses. Newsletter registrations are logged in order to be able to prove the registration process in accordance with legal requirements. This includes saving the time of registration and confirmation as well as the IP address. Likewise, changes to your data stored with the shipping service provider are logged.
Deletion and restriction of processing: We may store unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time. In the case of obligations to permanently observe objections, we reserve the right to store the e-mail address for this purpose alone in a block list (so-called “blacklist”).
The logging of the registration process takes place on the basis of our legitimate interests for the purposes of proving its proper execution. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure sending system.
Notes on legal bases: The newsletters are sent on the basis of the consent of the recipients or, if consent is not required, on the basis of our legitimate interests in direct marketing, if and to the extent that this is legally permissible, e.g. in the case of advertising to existing customers. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests. The registration process is recorded on the basis of our legitimate interests in order to prove that it was carried out in accordance with the law.
Contents: Information about us, our services, promotions and offers.
- Processed data types: Inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers), meta/communication data (e.g. device information, IP addresses), usage data (e.g. visited websites, interest in content, access times).
- Affected persons: Communication partners.
- Purposes of processing: Direct marketing (e.g. by e-mail or post).
- Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
- Possibility of objection (opt-out): You can cancel the receipt of our newsletter at any time, i.e. revoke your consent or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can use one of the contact options listed above, preferably e-mail.
Used services and service providers:
- Measurement of opening and click rates: The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server or its server, if we use a shipping service provider, when the newsletter is opened. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of retrieval are initially collected. This information is used to technically improve our newsletter based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined using the IP address) or the access times. This analysis also includes determining whether and when the newsletters are opened and which links are clicked. The information is assigned to the individual newsletter recipients and stored in their profiles until deletion. The evaluations serve to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users. The measurement of opening and click rates as well as the storage of the measurement results in the profiles of the users and their further processing take place on the basis of the consent of the users. A separate revocation of the success measurement is unfortunately not possible, in this case the entire newsletter subscription must be canceled or objected to. In this case, the stored profile information will be deleted; Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR);
- CleverReach: E-mail marketing platform; Service provider: CleverReach GmbH & Co. KG, //CRASH Building, Schafjückenweg 2, 26180 Rastede, Germany; Website: https://www.cleverreach.com/de; Privacy policy: https://www.cleverreach.com/de/datenschutz/; Data processing agreement: Concluded with provider.
- Mailchimp: E-mail sending and e-mail marketing platform; Service provider: Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA; Website: https://mailchimp.com; Privacy policy: https://mailchimp.com/legal/; Data processing agreement: https://mailchimp.com/legal/; Basis for third country transfer: Data Privacy Framework, Standard contractual clauses (inclusion in the data processing agreement); Further information: Special security measures: https://mailchimp.com/help/Mailchimp-european-data-transfers/.
Please delete the newsletter passage if you do not send newsletters. Otherwise, adapt the list of services and providers as well as the information on the contents of the newsletter and the success measurement if necessary.
Web analysis, monitoring and optimization
Web analysis (also referred to as “reach measurement”) is used to evaluate the visitor flows of our online offer and can include behavior, interests or demographic information about the visitors, such as age or gender, as pseudonymous values. With the help of reach analysis, we can, for example, recognize at what time our online offer or its functions or content are most frequently used or invite to reuse. We can also understand which areas need optimization.
In addition to web analysis, we can also use test procedures to test and optimize different versions of our online offer or its components, for example.
For these purposes, so-called user profiles can be created and stored in a file (so-called “cookie”) or similar procedures with the same purpose can be used. This information may include, for example, viewed content, visited websites and elements used there, and technical information such as the browser used, the computer system used, and information on usage times. If users have consented to the collection of their location data, this data may also be processed depending on the provider.
The IP addresses of the users are also collected. However, we use an IP masking procedure (i.e. pseudonymization by shortening the IP address) to protect the users. In general, no clear data of the users (such as e-mail addresses or names) are stored within the scope of web analysis, A/B testing and optimization, but pseudonyms. This means that neither we nor the providers of the software used know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective procedures.
Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for the processing of data is the consent. Otherwise, the data of the users are processed on the basis of our legitimate interests (i.e. interest in efficient, economic and user-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.
- Processed data types: Usage data (e.g. visited websites, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Affected persons: Users (e.g. website visitors, users of online services).
- Purposes of processing: Reach measurement (e.g. access statistics, recognition of returning visitors), tracking (e.g. interest-/behavior-related profiling, use of cookies), visit action evaluation, profiling (creation of user profiles).
- Security measures: IP masking (pseudonymization of the IP address).
- Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
Used services and service providers:
- etracker: Web analysis/reach measurement; Service provider: etracker GmbH, Erste Brunnenstraße 1 20459 Hamburg, Germany; Website: https://www.etracker.com; Privacy policy: https://www.etracker.com/datenschutz/; Data processing agreement: https://www.etracker.com/av-vertrag/.
- Google Analytics: We use Google Analytics to measure and analyze the use of our online offer on the basis of a pseudonymous user identification number. This identification number does not contain any unique data, such as names or e-mail addresses. It serves to assign analysis information to an end device in order to recognize which content the users have accessed within one or more usage processes, which search terms they have used, have accessed them again or have interacted with our online offer. Likewise, the time of use and its duration are stored, as well as the sources of the users who refer to our online offer and technical aspects of their end devices and browsers.
Pseudonymous profiles of users are created with information from the use of different devices, whereby cookies can be used. Google Analytics does not log and store individual IP addresses for EU users. However, Analytics provides coarse geographic location data by deriving the following metadata from IP addresses: City (and the derived latitude and longitude of the city), continent, country, region, sub-continent (and ID-based counterparts). For EU data traffic, IP address data is used exclusively for this derivation of geolocation data before it is immediately deleted. They are not logged, are not accessible, and are not used for further purposes. When Google Analytics collects measurement data, all IP queries are performed on EU-based servers before the traffic is forwarded to Analytics servers for processing; ienstanbieter: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR); Website: https://marketingplatform.google.com/intl/de/about/analytics/; Security measures: IP masking (pseudonymization of the IP address); Privacy policy: https://policies.google.com/privacy; Data processing agreement: https://business.safety.google/adsprocessorterms/; Basis for third country transfers: Data Privacy Framework (DPF); Possibility of objection (opt-out): Opt-Out-Plugin: https://tools.google.com/dlpage/gaoptout?hl=de, Settings for the display of advertisements: https://myadcenter.google.com/personalizationoff; Further information: https://business.safety.google/adsservices/ (types of processing and the data processed). - Google as recipient of consent: The consent given by users in the context of a consent dialog (also known as “cookie opt-in/consent”, ‘cookie banner’, etc.) serves several purposes. On the one hand, it serves us to fulfill our obligation to obtain consent to the storage and reading of information on and from the user’s end device (in accordance with ePrivacy guidelines). On the other hand, it covers the processing of personal data of users in accordance with data protection regulations. In addition, this consent also applies to Google, as the company is required to obtain consent for personalized services under the Digital Markets Act. Therefore, we share the status of consents given by users with Google. Our consent management software informs Google whether consents have been given or not. The aim is to ensure that the consents given or not given by users are taken into account when using Google Analytics and when integrating functions and external services. In this way, user consents and their revocation can be dynamically adapted within the framework of Google Analytics and other Google services in our online offer and depending on the user’s selection; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR); Website: https://support.google.com/analytics/answer/9976101?hl=de; Privacy policy: https://policies.google.com/privacy.
- Google Tag Manager: Google Tag Manager is a solution that allows us to manage so-called website tags via an interface and thus integrate other services into our online offer (for this purpose, reference is made to further information in this privacy policy). With the Tag Manager itself (which implements the tags), no profiles of the users are created or cookies are stored, for example. Google only learns the IP address of the user, which is necessary to run the Google Tag Manager; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Website: https://marketingplatform.google.com; Privacy policy: https://policies.google.com/privacy; Data processing agreement:
https://business.safety.google/adsprocessorterms; Basis for third country transfer: Data Privacy Framework, Standard contractual clauses (https://business.safety.google/adsprocessorterms); Further information: https://privacy.google.com/businesses/adsservices (types of processing and the data processed). - Matomo (without cookies): Matomo is a privacy-friendly web analytics software that is used without cookies. It identifies returning users with the help of a so-called “digital fingerprint,” which is stored anonymously and changed every 24 hours. The “digital fingerprint” records user movements within our online offer with the help of pseudonymized IP addresses in combination with user-side browser settings in such a way that it is not possible to draw conclusions about the identity of individual users. The user data collected as part of the use of Matomo is processed only by us and not shared with third parties; Website: https://matomo.org/.
- Matomo: Matomo is a software that is used for web analysis and reach measurement. As part of the use of Matomo, cookies are generated and stored on the user’s device. The user data collected as part of the use of Matomo is processed only by us and not shared with third parties. The cookies are stored for a maximum period of 13 months: https://matomo.org/faq/general/faq_146/; Deletion of data: The cookies have a storage period of a maximum of 13 months.
Please delete the passage on web analysis, monitoring and optimization if you do not use any web analysis, monitoring and optimization tools on your website. Adjust the list of services and providers as needed.
Online marketing
We process personal data for online marketing purposes, which may include in particular the marketing of advertising space or the presentation of advertising and other content (collectively referred to as “content”) based on potential interests of users, as well as the measurement of their effectiveness.
For these purposes, so-called user profiles are created and stored in a file (so-called “cookie”) or similar procedures are used, by means of which the information relevant to the presentation of the aforementioned content is stored about the user. This information may include, for example, viewed content, visited websites, used online networks, but also communication partners and technical information, such as the browser used, the computer system used, and information on usage times. If users have consented to the collection of their location data, this data may also be processed.
The IP addresses of the users are also collected. However, we use available IP masking methods (i.e., pseudonymization by shortening the IP address) to protect users. In general, no clear data of the users (such as e-mail addresses or names) are stored within the scope of the online marketing procedure, but rather pseudonyms. This means that neither we nor the providers of the online marketing procedures know the actual identity of the users, but only the information stored in their profiles.
The information in the profiles is generally stored in the cookies or by means of similar procedures. These cookies can later generally also be read out on other websites that use the same online marketing procedure and analyzed for the purpose of displaying content, as well as supplemented with further data and stored on the server of the online marketing procedure provider.
In exceptional cases, clear data can be assigned to the profiles. This is the case, for example, if the users are members of a social network whose online marketing procedures we use and the network connects the profiles of the users with the aforementioned information. We ask that you note that users may enter into additional agreements with the providers, e.g. by giving their consent as part of the registration process.
We generally only receive access to summarized information about the success of our advertisements. However, within the scope of so-called conversion measurements, we can check which of our online marketing procedures have led to a so-called conversion, i.e. e.g. to a contract being concluded with us. The conversion measurement is used solely to analyze the success of our marketing measures.
Unless otherwise stated, please assume that cookies used are stored for a period of two years.
Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for the processing of data is consent. Otherwise, the data of users will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.
- Processed data types: Usage data (e.g. visited websites, interest in content, access times), meta/communication data (e.g. device information, IP addresses), location data (information on the geographical position of a device or a person).
- Data subjects: Users (e.g. website visitors, users of online services), prospective customers.
- Purposes of processing: Tracking (e.g. interest-/behavior-related profiling, use of cookies), remarketing, visit action evaluation, interest-based and behavior-related marketing, profiling (creation of user profiles), conversion measurement (measurement of the effectiveness of marketing measures), reach measurement (e.g. access statistics, recognition of returning visitors), target group formation (determination of target groups relevant for marketing purposes or other output of content), cross-device tracking (cross-device processing of user data for marketing purposes).
- Security measures: IP masking (pseudonymization of the IP address).
- Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
- Possibility of objection (opt-out): We refer to the data protection information of the respective providers and the objection options (so-called “opt-out”) specified for the providers. If no explicit opt-out option has been specified, there is, on the one hand, the possibility that you can deactivate cookies in the settings of your browser. However, this may restrict functions of our online offer. We therefore additionally recommend the following opt-out options, which are offered in summary form for the respective areas: a) Europe: https://www.youronlinechoices.eu.
b) Canada: https://www.youradchoices.ca/choices.
c) USA: https://www.aboutads.info/choices.
d) Across regions: https://optout.aboutads.info.
Used services and service providers:
- Meta-pixel and target group formation (custom audiences): With the help of the Meta pixel (or comparable functions for the transmission of event data or contact information via interfaces in apps), the company Meta is able, on the one hand, to determine the visitors of our online offer as a target group for the display of advertisements (so-called “Meta-Ads”). Accordingly, we use the Meta pixel to display the Meta-Ads placed by us only to those users on Meta platforms and within the services of partners cooperating with Meta (so-called “Audience Network” https://www.facebook.com/audiencenetwork/ ) who have also shown an interest in our online offer or who have certain characteristics (e.g. interest in certain topics or products that are apparent from the websites visited) that we transmit to Meta (so-called “Custom Audiences”). With the help of the Meta pixel, we would also like to ensure that our Meta-Ads correspond to the potential interest of users and are not annoying. With the help of the Meta pixel, we can also track the effectiveness of the Meta-Ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Meta-Ad (so-called “conversion measurement”); Service provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR); Website: https://www.facebook.com; Privacy policy: https://www.facebook.com/privacy/policy/; Order processing agreement: https://www.facebook.com/legal/terms/dataprocessing; Basis for third country transfers: Data Privacy Framework (DPF); Further information: Event data of users, i.e. behavioral and interest information, are processed for the purposes of targeted advertising and target group formation on the basis of the agreement on joint responsibility (“Addition for Controllers”, https://www.facebook.com/legal/controller_addendum). The joint responsibility is limited to the collection by and transmission of data to Meta Platforms Ireland Limited, a company based in the EU. The further processing of the data is the sole responsibility of Meta Platforms Ireland Limited, which in particular concerns the transmission of the data to the parent company Meta Platforms, Inc. in the USA (on the basis of the standard contractual clauses concluded between Meta Platforms Ireland Limited and Meta Platforms, Inc.).
- Google Ad Manager: We use the “Google Ad Manager” service to place ads in the Google advertising network (e.g. in search results, in videos, on websites, etc.). Google Ad Manager is characterized by the fact that ads are displayed in real time based on the presumed interests of users. This allows us to display ads for our online offer to users who may have a potential interest in our offer or who have previously been interested in it, as well as to measure the success of the ads; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://marketingplatform.google.com; Privacy policy: https://policies.google.com/privacy; Basis for third country transfers: Data Privacy Framework (DPF); Further information: Types of processing and processed data: https://business.safety.google/adsservices/; Data processing conditions for Google advertising products: Information on the services Data processing conditions between controllers and standard contractual clauses for third country transfers of data: https://business.safety.google/adscontrollerterms; if Google acts as a processor, data processing conditions for Google advertising products and standard contractual clauses for third country transfers of data: https://business.safety.google/adsprocessorterms.
- Google Ads and conversion measurement: Online marketing procedures for the purpose of placing content and advertisements within the advertising network of the service provider (e.g. in search results, in videos, on websites, etc.), so that they are displayed to users who have a presumed interest in the advertisements. In addition, we measure the conversion of the advertisements, i.e. whether the users have taken them as an opportunity to interact with the advertisements and use the advertised offers (so-called conversions). However, we only receive anonymous information and no personal information about individual users; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://marketingplatform.google.com; Privacy policy: https://policies.google.com/privacy; Basis for third country transfers: Data Privacy Framework (DPF); Further information: Types of processing and processed data: https://business.safety.google/adsservices/; Data processing conditions between controllers and standard contractual clauses for third country transfers of data: https://business.safety.google/adscontrollerterms.
Please delete the passage on online marketing if you do not use any online marketing tools on your website. Adjust the list of services and providers as needed. Please remember that the use of marketing services on the website usually requires a cookie opt-in.
Presences in social networks (social media)
We maintain online presences within social networks and process data of users in this context in order to communicate with the users active there or to offer information about us.
We would like to point out that data of users may be processed outside the area of the European Union. This may result in risks for users, because, for example, the enforcement of the rights of users could be made more difficult.
Furthermore, the data of users within social networks are generally processed for market research and advertising purposes. For example, user profiles can be created based on the usage behavior and the resulting interests of users. The user profiles can in turn be used, for example, to place advertisements within and outside the networks that are likely to correspond to the interests of users. For these purposes, cookies are generally stored on the computers of users, in which the usage behavior and the interests of users are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (in particular if the users are members of the respective platforms and are logged in to them).
For a detailed description of the respective forms of processing and the possibilities of objection (opt-out), we refer to the data protection declarations and information of the operators of the respective networks.
Also in the case of information requests and the assertion of data subject rights, we would like to 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 require assistance, you can contact us.
- Processed data types: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. entries in online forms), usage data (e.g. visited websites, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing: Contact requests and communication, tracking (e.g. interest-/behavior-related profiling, use of cookies), remarketing, reach measurement (e.g. access statistics, recognition of returning visitors).
- Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
Used services and service providers:
- Instagram: Social network, enables the sharing of photos and videos, the commenting and favoriting of posts, sending messages, subscribing to profiles and pages; Service provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://www.instagram.com; Privacy policy: https://privacycenter.instagram.com/policy/; Basis for third country transfers: Data Privacy Framework (DPF).
- Facebook Pages: Profiles within the social network Facebook – Together with Meta Platforms Ireland Limited, we are responsible for the collection (but not the further processing) of data from visitors to our Facebook page (so-called “fan page”). This data includes information about the types of content users view or interact with, or the actions they take (see “Things you and others do and provide” in the Facebook Data Policy: https://www.facebook.com/privacy/policy/), as well as information about the devices users use (e.g., IP addresses, operating system, browser type, language settings, cookie data; see “Device Information” in the Facebook Data Policy: https://www.facebook.com/privacy/policy/). As explained in the Facebook Data Policy under “How do we use this information?”, Facebook also collects and uses information to provide analytics services, so-called “Page Insights”, for page operators to gain insights into how people interact with their pages and the content associated with them. We have entered into a special agreement with Facebook (“Information about Page Insights”, https://www.facebook.com/legal/terms/page_controller_addendum), which specifically regulates the security measures that Facebook must observe and in which Facebook has agreed to fulfill the rights of data subjects (i.e. users can, for example, send requests for information or deletion directly to Facebook). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook. Further information can be found in the “Information about Page Insights” (https://www.facebook.com/legal/terms/information_about_page_insights_data). The joint responsibility is limited to the collection by and transmission of data to Meta Platforms Ireland Limited, a company based in the EU. The further processing of the data is the sole responsibility of Meta Platforms Ireland Limited, which in particular concerns the transfer of the data to the parent company Meta Platforms, Inc. in the USA; Service provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://www.facebook.com; Privacy policy: https://www.facebook.com/privacy/policy/; Basis for third country transfers: Data Privacy Framework (DPF).
- LinkedIn: Social network – Together with LinkedIn Ireland Unlimited Company, we are responsible for the collection (but not the further processing) of data from visitors that is created for the purpose of creating the “Page Insights” (statistics) of our LinkedIn profiles.
This data includes information about the types of content users view or interact with, or the actions they take, as well as information about the devices users use (e.g., IP addresses, operating system, browser type, language settings, cookie data) and information from the user’s profile, such as job function, country, industry, hierarchy level, company size, and employment status. Data protection information on the processing of user data by LinkedIn can be found in LinkedIn’s privacy policy: https://www.linkedin.com/legal/privacy-policy. We have entered into a special agreement with LinkedIn Ireland (“Page Insights Joint Controller Addendum (the ‘Addendum’)”, https://legal.linkedin.com/pages-joint-controller-addendum), which specifically regulates the security measures that LinkedIn must observe and in which LinkedIn has agreed to fulfill the rights of data subjects (i.e. users can, for example, send requests for information or deletion directly to LinkedIn). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with LinkedIn. The joint responsibility is limited to the collection of data by and the transmission to Ireland Unlimited Company, a company based in the EU. The further processing of the data is the sole responsibility of Ireland Unlimited Company, which in particular concerns the transfer of the data to the parent company LinkedIn Corporation in the USA; Service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://www.linkedin.com; Privacy policy: https://www.linkedin.com/legal/privacy-policy; Basis for third country transfers: Data Privacy Framework (DPF); Opt-out option: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out. - Pinterest: Social network; Service provider: Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA; Website: https://www.pinterest.com; Privacy policy: https://about.pinterest.com/de/privacy-policy; Further information: Pinterest Appendix to the Data Exchange (APPENDIX A): https://business.pinterest.com/de/pinterest-advertising-services-agreement/.
- TikTok: Social network / video platform; Service provider: musical.ly Inc., 10351 Santa Monica Blvd #310, Los Angeles, CA 90025 USA; Website: https://www.tiktok.com; Privacy policy: https://www.tiktok.com/de/privacy-policy.
- X: Social network; Service provider: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://x.com; Privacy policy: https://x.com/de/privacy.
- YouTube: Social network and video platform; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Privacy policy: https://policies.google.com/privacy; Opt-out option: https://adssettings.google.com/authenticated; Basis for third country transfer: Data Privacy Framework.
- Xing: Social network; Service provider: XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany; Website: https://www.xing.de; Privacy policy: https://privacy.xing.com/de/datenschutzerklaerung.
Adjust the list of social networks as needed.
Plugins and embedded functions as well as content
We integrate function and content elements into our online offer that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These may be, for example, graphics, videos or social media buttons and posts (hereinafter uniformly referred to as “content”).
The integration always requires that the third-party providers of this content process the IP address of the users, as they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content or functions. We endeavor to use only those contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers may 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 may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, the time of the visit and other information on the use of our online offer, as well as be linked to such information from other sources.
Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for the processing of data is consent. Otherwise, the data of users will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.
- Processed data types: Usage data (e.g. visited websites, interest in content, access times), meta/communication data (e.g. device information, IP addresses), location data (information on the geographical position of a device or a person), content data (e.g. entries in online forms), inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers).
- Data subjects: Users (e.g. website visitors, users of online services), communication partners.
- Purposes of processing: Provision of our online offer and user-friendliness, provision of contractual services and customer service, contact requests and communication, tracking (e.g. interest-/behavior-related profiling, use of cookies), interest-based and behavior-related marketing, profiling (creation of user profiles), security measures, administration and answering of inquiries.
- Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR), consent (Art. 6 para. 1 sentence 1 lit. a. GDPR), performance of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR).
Used services and service providers:
- Facebook plugins and content: Facebook Social Plugins and content – This may include, for example, content such as images, videos or texts and buttons with which users can share content of this online offer within Facebook. The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/ – We are jointly responsible with Meta Platforms Ireland Limited for the collection or receipt as part of a transmission (but not the further processing) of “event data” that Facebook collects by means of the Facebook social plugins (and embedding functions for content) that are executed on our online offer or receives as part of a transmission for the following purposes: a) Display of content and advertising information that corresponds to the presumed interests of users; b) Delivery of commercial and transaction-related messages (e.g. addressing users via Facebook Messenger); c) Improving ad delivery and personalization of features and content (e.g. improving the recognition of which content or advertising information is likely to correspond to the interests of users). We have entered into a special agreement with Facebook (“Controller Addendum”, https://www.facebook.com/legal/controller_addendum), which specifically regulates the security measures that Facebook must observe (https://www.facebook.com/legal/terms/data_security_terms) and in which Facebook has agreed to fulfill the rights of data subjects (i.e. users can, for example, send requests for information or deletion directly to Facebook). Note: If Facebook provides us with measurements, analyses and reports (which are aggregated, i.e. do not contain any information on individual users and are anonymous for us), then this processing does not take place within the framework of joint responsibility, but on the basis of a data processing agreement (“Data Processing Terms”, https://www.facebook.com/legal/terms/dataprocessing), the “Data Security Terms” (https://www.facebook.com/legal/terms/data_security_terms) and, with regard to processing in the USA, on the basis of standard contractual clauses (“Facebook-EU Data Transfer Addendum, https://www.facebook.com/legal/EU_data_transfer_addendum). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook; Service provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR); Website: https://www.facebook.com; Privacy policy: https://www.facebook.com/privacy/policy/; Basis for third country transfers: Data Privacy Framework (DPF).
- Google Fonts (retrieval from the Google server): Retrieval of fonts (and symbols) for the purpose of technically secure, maintenance-free and efficient use of fonts and symbols with regard to topicality and loading times, their uniform presentation and consideration of possible licensing restrictions. The provider of the fonts is informed of the user’s IP address so that the fonts can be made available in the user’s browser. In addition, technical data (language settings, screen resolution, operating system, hardware used) are transmitted, which are necessary for the provision of the fonts depending on the devices used and the technical environment. This data can be processed on a server of the font provider in the USA – When visiting our online offer, users’ browsers send their browser HTTP requests to the Google Fonts Web API (i.e. a software interface for retrieving the fonts). The Google Fonts Web API provides users with the Cascading Style Sheets (CSS) of Google Fonts and then the fonts specified in the CCS. These HTTP requests include (1) the IP address used by the respective user to access the Internet, (2) the requested URL on the Google server, and (3) the HTTP headers, including the User-Agent, which describes the browser and operating system versions of the website visitors, as well as the referrer URL (i.e. the website on which the Google font is to be displayed). IP addresses are neither logged nor stored on Google servers and are not analyzed. The Google Fonts Web API logs details of the HTTP requests (requested URL, User-Agent and Referrer URL). Access to this data is restricted and strictly controlled. The requested URL identifies the font families for which the user wants to load fonts. This data is logged so that Google can determine how often a particular font family is requested. With the Google Fonts Web API, the user agent must adapt the font that is generated for the respective browser type. The user agent is primarily logged for debugging and used to generate aggregated usage statistics that measure the popularity of font families. These aggregated usage statistics are published on the “Analytics” page of Google Fonts. Finally, the referrer URL is logged so that the data can be used for production maintenance and an aggregated report on the top integrations can be generated based on the number of font requests. According to its own information, Google does not use any of the information collected by Google Fonts to create profiles of end users or to display targeted ads; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://fonts.google.com/; Privacy policy: https://policies.google.com/privacy; Basis for third country transfers: Data Privacy Framework (DPF); Further information: https://developers.google.com/fonts/faq/privacy?hl=de.
- Google Maps: We integrate the maps of the service “Google Maps” of the provider Google. The processed data may include, in particular, IP addresses and location data of users; Service provider: Google Cloud EMEA Limited, 70 Sir John Rogerson’s Quay, Dublin 2, Ireland; Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR); Website: https://mapsplatform.google.com/; Privacy policy: https://policies.google.com/privacy; Basis for third country transfers: Data Privacy Framework (DPF).
- YouTube videos: Video content; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR); Website: https://www.youtube.com; Privacy policy: https://policies.google.com/privacy; Basis for third country transfers: Data Privacy Framework (DPF); Opt-out option: Opt-out plugin: https://tools.google.com/dlpage/gaoptout?hl=de, settings for the display of advertisements: https://myadcenter.google.com/personalizationoff.
- Vimeo video player: Integration of a video player; Service provider: Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA; Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://vimeo.com; Privacy policy: https://vimeo.com/privacy; Order processing agreement: https://vimeo.com/enterpriseterms/dpa; Basis for third country transfers: Standard contractual clauses (https://vimeo.com/enterpriseterms/dpa).
Please delete the passage Plugins and embedded functions as well as contents, if you do not use any plugins or embedded functions as well as contents within your website. Otherwise, adjust the list of services and providers as needed.
Deletion of data
The data we process will be deleted in accordance with legal requirements as soon as the consent to process it is revoked, or other permissions no longer apply (e.g., if the purpose for processing this data no longer exists or it is no longer necessary for the purpose).
If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted to these purposes. 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, or whose storage is necessary for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person.
Further information on the deletion of personal data can also be found in the individual data protection notices of this privacy policy.
Amendment and update of the privacy policy
We ask you to inform yourself regularly about the content of our privacy policy. We will adapt the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
If we provide addresses and contact information of companies and organizations in this privacy policy, please note that the addresses may change over time and please check the information before contacting them.
Rights of data subjects
As data subjects, you have various rights under the GDPR, which arise in particular from Articles 15 to 21 GDPR:
- Right to object: You have the right to object, on grounds arising from your particular situation, at any time to the processing of personal data concerning you which is based on Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions. If personal data concerning you is 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 advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
- Right of revocation for consents: You have the right to revoke consents granted at any time.
- Right to information: You have the right to request confirmation as to whether data concerning you is being processed and to information about this data and to further information and a copy of the data in accordance with legal requirements.
- Right to rectification: In accordance with legal requirements, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
- Right to erasure and restriction of processing: In accordance with legal requirements, you have the right to demand that data concerning you be deleted immediately or, alternatively, to demand a restriction of the processing of the data in accordance with legal requirements.
- Right to data portability: You have the right to receive data concerning you that you have provided to us in a structured, common and machine-readable format in accordance with legal requirements, or to request its transfer to another controller.
- Complaint to a supervisory authority: Furthermore, in accordance with legal requirements, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you violates the GDPR.
Definitions
In this section, you will find an overview of the terms used in this privacy policy. Many of the terms are taken from the law and defined primarily in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to aid understanding. The terms are sorted alphabetically.
- Visit Action Evaluation: “Visit action evaluation” (English “Conversion Tracking”) refers to a procedure with which the effectiveness of marketing measures can be determined. For this purpose, a cookie is usually stored on the user’s devices within the websites on which the marketing measures take place and then retrieved again on the target website. For example, we can track whether the ads we place on other websites were successful).
- Creditworthiness information: Automated decisions are based on automatic data processing without human intervention (e.g. in the case of an automatic rejection of a purchase on account, an online credit application or an online application process without any human intervention. Such automated decisions are only permitted under Art. 22 GDPR if data subjects consent, if they are necessary for the performance of a contract or if national laws permit these decisions.
- Cross-Device Tracking: Cross-device tracking is a form of tracking in which behavioral and interest information of users is recorded across devices in so-called profiles by assigning users an online identifier. This allows user information to be analyzed for marketing purposes, regardless of the browsers or devices used (e.g. mobile phones or desktop computers). The online identifier is not linked to clear data, such as names, postal addresses or e-mail addresses, for most providers.
- IP Masking: “IP masking” refers to a method in which the last octet, i.e. the last two numbers of an IP address, is deleted so that the IP address can no longer be used to uniquely identify a person. Therefore, IP masking is a means of pseudonymizing processing methods, especially in online marketing.
- Interest-based and behavioral marketing: Interest-based and/or behavioral marketing is when potential interests of users in advertisements and other content are determined as precisely as possible. This is done on the basis of information on their previous behavior (e.g. visiting certain websites and staying on them, purchasing behavior or interaction with other users), which is stored in a so-called profile. Cookies are usually used for these purposes.
- Conversion measurement: Conversion measurement is a procedure with which the effectiveness of marketing measures can be determined. For this purpose, a cookie is usually stored on the user’s devices within the websites on which the marketing measures take place and then retrieved again on the target website. For example, we can track whether the ads we place on other websites were successful.
- Personal data: “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Profiling: “Profiling” means any form of automated processing of personal data consisting of the use of personal data to analyze, evaluate or predict certain personal aspects relating to a natural person (depending on the type of profiling, this includes information concerning age, gender, location data and movement data, interaction with websites and their content, purchasing behavior, social interactions with other people) (e.g. interests in certain content or products, click behavior on a website or location). Cookies and web beacons are often used for profiling purposes.
- Reach measurement: Reach measurement (also known as web analytics) is used to evaluate the visitor flows of an online offer and can include the behavior or interests of visitors in certain information, such as content of websites. With the help of reach analysis, website owners can, for example, recognize at what time visitors visit their website and what content they are interested in. This allows them, for example, to better adapt the content of the website to the needs of their visitors. For the purposes of reach analysis, pseudonymous cookies and web beacons are often used to recognize returning visitors and thus obtain more accurate analyses of the use of an online offer.
- Remarketing: “Remarketing” or “retargeting” refers to the practice of noting, for example for advertising purposes, which products a user has been interested in on a website in order to remind the user of these products on other websites, e.g. in advertisements.
- Location data: Location data is generated when a mobile device (or another device with the technical requirements for location determination) connects to a radio cell, a WLAN or similar technical means and functions of location determination. Location data is used to indicate the geographically determinable position on Earth at which the respective device is located. Location data can be used, for example, to display map functions or other location-dependent information.
- Tracking: “Tracking” refers to the ability to track the behavior of users across multiple online offers. As a rule, behavioral and interest information relating to the online offers used is stored in cookies or on the servers of the providers of the tracking technologies (so-called profiling). This information can then be used, for example, to display advertisements to users that are likely to correspond to their interests.
- Controller: “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.
- Processing: “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers practically any handling of data, be it collection, evaluation, storage, transmission or deletion.
- Target group formation: Target group formation (or “Custom Audiences”) refers to the determination of target groups for advertising purposes, e.g. the display of advertisements. For example, the interest of a user in certain products or topics on the Internet can be used to infer that this user is interested in advertisements for similar products or the online store in which he viewed the products. “Lookalike Audiences” (or similar target groups), on the other hand, refers to the practice of displaying content that is considered suitable to users whose profiles or interests are presumably similar to the users for whom the profiles were created. Cookies and web beacons are usually used for the purpose of creating custom audiences and lookalike audiences.