We (hereinafter jointly referred to as “the company”, “we” or “us”) take the protection of your personal data seriously and would like to inform you here about data protection in our company.
Within the scope of our data protection responsibilities, we have been imposed additional obligations by the entry into force of the EU Data Protection Basic Regulation (Regulation (EU) 2016/679; hereinafter: “DS-GVO”) in order to ensure the protection of personal data of the person affected by a processing operation (we refer to you as a data subject, hereinafter also as “customer”, “user”, “you”, “you” or “data subject”).
Our data protection notices are modular in structure. It consists of a general section for all processing of personal data and processing situations that come into play each time a website is called up (A. General), a special section whose content relates only to the processing situation indicated there with the name of the respective offer or product, in particular the visit to websites (B. Visit to websites) and the techniques used on the website (C. Use of techniques on the website).
(1 ) Definitions
Following the model of Art. 4 DS-GVO, this data protection notice is based on the following definitions:
“Personal data” (Art. 4 No. 1 DPA) is all information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information concerning his or her physical, physiological, genetic, mental, economic, cultural or social identity. Identifiability may also be provided by linking such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).
“Processing” (Art. 4 No. 2 DS-GVO) is any operation in which personal data are handled, whether or not with the aid of automated (i.e. technology-based) procedures. This includes in particular the collection (i.e. acquisition), recording, organisation, filing, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or other making available, comparison, linking, restriction, deletion or destruction of personal data, as well as the change of a target or purpose on which a data processing operation was originally based.
“Controller” (Art. 4 No. 7 DPA) is 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.
“Third party” (Art. 4 No. 10 FDPIC) means any natural or legal person, authority, institution or other body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or processor, are authorised to process the personal data; this also includes other legal persons belonging to the group.
“Processor” (Art. 4 No. 8 DS-GVO) is a natural or legal person, authority, institution or other body which processes personal data on behalf of the controller, in particular in accordance with the latter’s instructions (e.g. IT service provider). In the sense of data protection law, a processor is in particular not a third party.
“Consent” (Art. 4 No. 11 DPA) of the data subject means any freely given, informed and unequivocal expression of will in the specific case, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
We are the body responsible for processing your personal data in accordance with Art. 4 No. 7 DS-GVO:
Carrer Cortecera 26b
+34 602 45 47 17
(3) Legal bases of the data processing
By law, in principle, any processing of personal data is prohibited and only permitted if the data processing falls under one of the following justifications:
Article 6 (1) sentence 1 letter a of the DPA (“consent”): when the data subject has voluntarily, in an informed manner and unambiguously indicated by means of a declaration or other unambiguous affirmative act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
Article 6 (1) sentence 1 letter b of the DS-GVO: If the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject;
6 para. 1 sentence 1 lit. c DS-GVO: If the processing is necessary for the fulfilment of a legal obligation to which the controller is subject (e.g. a legal obligation to retain data);
6 para. 1 sentence 1 lit. d DS-GVO: If the processing is necessary to protect vital interests of the data subject or another natural person;
6 para. 1 sentence 1 lit. e DS-GVO: If the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or
6 (1) sentence 1 letter f of the DS-GVO (“legitimate interests”): If the processing is necessary to protect the legitimate (in particular legal or economic) interests of the controller or of a third party, provided that the conflicting interests or rights of the data subject do not outweigh the legitimate interests or rights of the data subject (in particular if the data subject is a minor)
In the following, we indicate the applicable legal basis for the processing operations we carry out. A processing operation may also be based on several legal bases.
(4) Data deletion and storage period
For the processing operations carried out by us, we specify in the following how long the data is stored by us and when it is deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage ceases to apply. Your data will only be stored on our servers in Germany, subject to any forwarding of data in accordance with the following regulations.
However, your data may be stored beyond the specified period of time in the event of a (threatening) legal dispute with you or other legal proceedings or if storage is required by legal regulations to which we are subject as the responsible party (e.g. § 257 HGB, § 147 AO). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted, unless further storage by us is necessary and there is a legal basis for this.
(5) Data security
We use appropriate technical and organizational security measures (TOMs) to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties, taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing as well as the existing risks of a data breach (including the probability and consequences thereof) for the person concerned. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more detailed information on this upon request.
(6) Cooperation with contract processors
As with every company, we also use external domestic and foreign service providers to handle our business transactions (e.g. for IT, logistics, telecommunications, sales and marketing). These service providers only act on our instructions and are contractually obliged to comply with data protection regulations in accordance with Art. 28 DS-GVO (so-called AVV).
(7) Requirements for the transfer of personal data to third countries
Within the scope of our business relations, your personal data may be passed on or disclosed to third parties. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing is carried out solely for the purpose of fulfilling contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer in the following at the relevant points.
The European Commission certifies some third countries by so-called adequacy decisions a data protection comparable to the EEA standard (you can obtain a list of these countries and a copy of the adequacy decisions here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. Insofar as this is the case, we ensure that data protection is sufficiently guaranteed. This is possible by means of binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates, recognised codes of conduct or self-certification via the EU-US Privacy Shield (for more information, please visit https://www.privacyshield.gov/welcome).
(8) No automated decision making (including profiling)
We do not intend to use personal data collected from you for any automated decision making process (including profiling).
(9) No obligation to provide personal data
We do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. For you as a customer, there is no legal or contractual obligation to provide us with your personal data; however, it is possible that we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case within the scope of the products we offer and which are presented below, you will be informed of this separately.
(10) Legal obligation to transfer certain data
Under certain circumstances, we may be subject to a special legal or statutory obligation to make the legitimately processed personal data available to third parties, in particular to public bodies (Art. 6 para. 1 sentence 1 lit. c DS-GVO).
(11) Your rights
You can assert your rights as a data subject with regard to your processed personal data at any time by contacting us using the contact details provided at the beginning of this document. You have the right as a data subject:
to request information about your data processed by us in accordance with Art. 15 DS-GVO. In particular, you may obtain information on the purposes of the processing, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right of rectification, cancellation, limitation of processing or opposition, the existence of a right of appeal, the origin of your data, if not collected by us, as well as the existence of automated decision making including profiling and, if applicable, the processing of your data. to demand meaningful information on the details of such decisions; to demand, in accordance with Art. 16 DS-GVO, the immediate correction of incorrect data or the completion of your data stored with us; to demand, in accordance with Art. 17 DS-GVO, the deletion of your data stored with us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims; pursuant to Art. 18 DS-GVO, to demand the restriction of the processing of your data, insofar as the accuracy of the data is disputed by you or the processing is unlawful; in accordance with Art. 20 DS-GVO, to receive your data that you have provided to us in a structured, common and machine-readable format or to demand that it be transferred to another responsible party (“data transferability”); pursuant to Art. 21 DS-GVO, to lodge an objection to the processing, provided that the processing is carried out on the basis of Art. 6 para. 1 sentence 1 lit. e or lit. f DS-GVO
This is especially the case if the processing is not necessary for the fulfilment of a contract with you. Unless it is an objection to direct marketing, we will ask you to explain the reasons why we should not process your data as we do when you exercise such objection. In the event of your justified objection, we will examine the facts of the case and will either stop or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing; in accordance with Art. 7 (3) DS-GVO, to revoke at any time vis-à-vis us the consent you have once given (even before the DS-GVO came into force, i.e. before 25 May 2018) – i.e. your voluntary, informed and unambiguously expressed will, made clear by a declaration or other unambiguously confirmatory act, that you consent to the processing of the personal data concerned for one or more specific purposes – if you have given such consent. As a result, we may no longer continue to process the data based on this consent in the future and pursuant to Art. 77 DS-GVO to complain to a data protection supervisory authority about the processing of your personal data in our company, for example to the data protection supervisory authority responsible for us.
(12) Changes to the data protection information
Within the framework of the further development of data protection law and technological or organisational changes, our data protection information is regularly reviewed for the need for adaptation or supplementation. You will be informed of any changes on our website in particular.
Visit of web pages
(1) Explanation of the function
Information about our company and the services we offer can be found in particular on this website and its sub-pages (hereinafter jointly referred to as “websites”). Personal data may be processed when you visit our web pages.
(2) Processed personal data
When using the web pages for information purposes, the following categories of personal data are collected, stored and processed by us:
“Protocol data”: When you visit our web pages, a so-called protocol data record (so-called server log files) is temporarily and anonymously stored on our web server. This consists of:
the page from which the page was requested (so-called referrer URL),
the name and URL of the requested page,
the date and time of the call,
the description of the type, language and version of the web browser used,
the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established,
of the transferred data volume,
the operating system,
the message whether the call was successful (access status/http status code),
the GMT time zone difference.
“Contact form data”: When contact forms are used, the data transmitted through them are processed (e.g. gender, surname and first name, address, company, e-mail address and the time of transmission).
In addition to the purely informative use of our website, we also offer a subscription to our newsletter, with which we inform you about current news from our company.
(3) Purpose and legal basis of data processing
We process the personal data described in detail above in accordance with the provisions of the DS-GVO, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 Paragraph 1 S. 1 lit. f DS-GVO, the aforementioned purposes also represent our legitimate interests.
The processing of protocol data serves statistical purposes and to improve the quality of our website, in particular the stability and security of the connection (the legal basis is Art. 6 Paragraph 1 Sentence 1 lit. b or f DS-GVO).
Contact form data is processed to process customer enquiries (legal basis is Art. 6 Paragraph 1 S. 1 lit. b or f DS-GVO).
The newsletter data is processed for the purpose of sending the newsletter. By registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 Paragraph 1 lit. a DS-GVO). We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration we will send you an e-mail to the e-mail address you have provided, in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can revoke your consent by clicking on the link provided in each newsletter e-mail or by sending a message to the contact details given in the imprint.
(4) Duration of data processing
Your data will only be processed for as long as necessary to achieve the above-mentioned processing purposes; the legal bases indicated in the context of the processing purposes apply accordingly. With regard to the use and storage period of cookies, please refer to point A.
Third parties employed by us will store your data on their systems for as long as is necessary in connection with the provision of services for us in accordance with the respective order.
(5) Transmission of personal data to third parties; basis of justification
The following categories of recipients, which are usually processors on behalf of third parties (see A.), may be granted access to your personal data:
Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for computer centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f DS-GVO, insofar as these are not contract processors; Government agencies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for disclosure is then Art. 6 para. 1 sentence 1 lit. c DS-GVO;
Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in the acquisition of companies or the establishment of joint ventures). The legal basis for the transfer is then Art. 6 (1) sentence 1 lit. b or lit. f DS-GVO.
For information on the guarantees of an adequate level of data protection in the event of data being transferred to third countries, see Section A.
In addition, we will only pass on your personal data to third parties if you have given your express consent in accordance with Art. 6 Paragraph 1 Sentence 1 lit. a DS-GVO or as part of the services listed in Section C.
Cookies can contain data that make it possible to recognize the device you are using. However, in some cases cookies only contain information on certain settings that cannot be related to a specific person. However, cookies cannot directly identify a user.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is again made between cookies:
Technical Cookies: These are essential to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which websites you have visited;
Performance Cookies: These collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect any information that could identify you – all information collected is anonymous and is only used to improve our website and to find out what interests our users;
Advertising Cookies, Targeting Cookies: These are used to offer the website user demand-oriented advertising on the website or offers from third parties and to measure the effectiveness of these offers; Advertising and Targeting Cookies are stored for a maximum of 13 months;
Sharing cookies: These are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.
Consent with Borlabs Cookie
Our website uses the Borlabs Cookie consent technology to obtain your consent to the storage of certain cookies in your browser or to the use of certain technologies and to document this in accordance with data protection law. The provider of this technology is Borlabs GmbH, Rübenkamp 32, 22305 Hamburg (hereinafter referred to as Borlabs).
When you enter our website, a Borlabs cookie is stored in your browser, in which the consents you have given or the revocation of these consents are stored. This data is not shared with the Borlabs cookie provider.
The collected data will be stored until you request us to delete it or until you delete the Borlabs cookie yourself or until the purpose for storing the data no longer applies. Mandatory legal retention periods remain unaffected. Details on the data processing of Borlabs Cookie can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.
Use of techniques on the website
(1) Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other states which are party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage for the website operator.
The IP address transmitted by your browser within the framework of Google Analytics is not combined with other data from Google.
This website uses Google Analytics with the extension “_anonymizeIP”. This enables IP addresses to be further processed in a shortened form, thus excluding the possibility of personal references. If the data collected about you contains a personal reference, this is immediately excluded and the personal data is immediately deleted.
We use Google Analytics to analyse and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has subjected itself to the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f DS-GVO.
Information of the third party provider:
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, Tel: +353 1 543 1000, Fax: +353 1 686 5660, E-Mail: email@example.com
This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID.
We have concluded a contract with Google for commissioned data processing and fully implement the requirements of the German data protection authorities when using Google Analytics.
(2) Use of Google AdWords Conversion
We use the offer of google Adwords to draw attention to our attractive offers on external websites with the help of advertising tools (so-called Google Adwords). In relation to the data of the advertising campaigns, we can determine how successful the individual advertising measures are. In this way, we pursue the interest in showing you advertising that is of interest to you, to make our website more interesting for you and to achieve a fair calculation of advertising costs.
These advertising materials are delivered by Google via so-called “Ad Servers”. For this purpose, we use ad server cookies, which allow us to measure certain parameters to measure success, such as the display of ads or clicks by users. If you reach our website via a Google ad, Google Adwords will store a cookie on your PC. These cookies usually expire after 30 days and are not intended to identify you personally. The unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversion) and opt-out information (marking that the user no longer wishes to be contacted) are usually stored as analysis values for this cookie.
These cookies enable Google to recognize your internet browser. If a user visits certain pages of an AdWords client’s website and the cookie stored on their computer has not expired, Google and the client can recognize that the user clicked on the ad and was redirected to that page. Each Adwords client is assigned a different cookie. Cookies can’t be tracked through the websites of Adwords clients. We ourselves do not collect and process any personal data in the advertising measures mentioned. We only receive statistical evaluations from Google. These evaluations enable us to identify which of the advertising measures used are particularly effective. We do not receive any further data from the use of advertising material, in particular we cannot identify users on the basis of this information.
Due to the marketing tools used, your browser automatically establishes a direct connection with the Google server. We have no influence on the handling and further use of the data collected by Google through the use of this tool and therefore inform you according to our state of knowledge: Through the integration of AdWords Google receives information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, it is possible that the provider will find out and save your IP address.
You can prevent participation in this tracking process in a number of ways: a) by adjusting your browser software accordingly, in particular by suppressing third-party cookies so that you do not receive third-party ads; b) by disabling cookies for conversion tracking by setting your browser to block cookies from the www.googleadservice.com domain, www.google. de/settings/ads, this setting being deleted when you delete your cookies; c) by disabling interest-based ads from providers that are part of the self-regulatory campaign “About Ads” via the link www.aboutads.info/choices, this setting being deleted when you delete your cookies; d) by permanently disabling them in your Firefox, Internet Explorer or Google Chrome browsers via the link www.google.de/settings/ads/plugin. We would like to point out that in this case you may not be able to use all functions of this offer to their full extent.
The legal basis for the processing of your data is Art. 6 para. 1 p. 1 lit f DS-GVO. Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the data protection declarations of the provider Google. There you will also find further information on your rights in this regard and setting options to protect your privacy: www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework.
(3) Google Remarketing
In addition to Google AdWords, we use the Google Remarketing application. This is a procedure with which we would like to address you again. By means of this application, our advertisements can be shown to you after visiting our website during your further internet use. This is done by means of cookies stored in your browser, which are used by Google to record and evaluate your usage behaviour when visiting various websites. In this way Google can determine your previous visit to our website. According to Google’s own statements, the data collected in the course of remarketing is not merged with your personal data. In particular, according to Google, pseudonymisation is used in remarketing.
The legal basis for the integration of Google Remarketing and the associated data transfer to Google is your consent (Art. 6 para. 1 lit. a DSGVO).
(4) Friendly Captcha
We use Friendly Captcha (hereinafter “Friendly Captcha”) on this website. The provider is Friendly Captcha GmbH, Am Anger 3-5, 82237 Woerthsee, Germany.
Friendly Captcha is intended to check whether the data input on this website (e.g. in a contact form) is made by a human or by an automated programme. For this purpose, Friendly Captcha analyses the behaviour of the website visitor on the basis of various characteristics. For the analysis, Friendly Captcha evaluates various information (e.g. anonymised IP address, referrer, time of visit, etc.). Further information on this can be found at: https://friendlycaptcha.com/legal/privacy-end-users/.
The storage and analysis of the data is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in protecting its web offers from abusive automated spying and from SPAM. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.
We have concluded a contract on order processing (AVV) for the use of the above-mentioned service. This is a contract required by data protection law, which ensures that this service only processes the personal data of our website visitors in accordance with our instructions and in compliance with the DSGVO.