This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile. (hereinafter jointly referred to as “online offer”). With regard to the terms used, e.g. “processing” or “responsible person”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
SUN & COCO
Street No.: Hagenbeckstrasse 31a
Postcode, city, country: 22527, Hamburg, Germany
Owner: Theodore Thonga
Phone: +49 176 57298951
E-mail: [email protected]
Data protection officer:
e-mail: [email protected]
Types of data processed:
– stock data (for example, names, addresses).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– Contract data (e.g., subject matter of contract, duration, customer category).
– Payment data (e.g., bank details, payment history).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Processing of special categories of data (Art. 9 para. 1 DSGVO):
No special categories of data are processed.
Categories of data subjects concerned by the processing:
– Customers, interested parties, visitors and users of the online offer, business partners.
– Visitors and users of the online offer.
In the following, we refer to the data subjects collectively as “users”.
Purpose of the processing:
– Provision of the online offer, its contents and shop functions.
– Provision of contractual services, service and customer care.
– Answering of contact requests and communication with users.
– Marketing, advertising and market research.
– Security measures.
Status: July/ 2020
1. terms used
1.1 ‘personal data’ means any information relating to an identified or identifiable natural person (hereinafter referred to as ‘data subject’); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
1.2 “Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means The term is broad and covers virtually all processing of data.
1.3. the term “controller” shall mean the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data
2.Relevant legal bases
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering enquiries is Art. 6 Para. 1 lit. b DSGVO, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Para. 1 lit. c DSGVO, and the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 Para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 paragraph 1 letter d DSGVO serves as the legal basis.
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. to give your consent) or to receive other individual notification.
4. Security measures
4.1 In accordance with Art. 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying degrees of probability and severity of the risk to the rights and freedoms of natural persons, we shall take appropriate technical and organisational measures to ensure a level of protection commensurate with the risk; these measures shall include in particular the safeguarding of the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access, input, transmission, safeguarding of availability and its separation. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and we respond to any threats to the data. 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 by designing technology and by using data protection-friendly default settings (Art. 25 DSGVO).
4.2 The security measures include in particular the encrypted transmission of data between your browser and our server.
5. Disclosure and transmission of data
5.1 If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer them to them or otherwise grant them access to the data, this shall only be done on the basis of a legal authorisation (e.g. if a transfer of the data to third parties, such as payment service providers, in accordance with Art. 6 para. 1 lit. b DSGVO is necessary for the fulfilment of the contract), you have consented to this, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to fulfil our contractual obligations, administrative tasks and duties efficiently and effectively).
5.2 If we commission third parties to process data on the basis of a so-called “contract processing agreement”, this is done on the basis of Art. 28 DSGVO.
6. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer the data in a third country if the special requirements of Art. 44 ff. DSGVO. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
7. Rights of the data subjects
7.1 You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information about this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO.
7.2 You have accordingly. 7.2. you have the right to request the completion of the data concerning you or the correction of incorrect data concerning you in accordance with Art. 16 DSGVO.
7.3 In accordance with Art. 17 DSGVO, you have the right to demand that data concerning you be deleted immediately, or alternatively, in accordance with Art. 18 DSGVO, to demand that the processing of the data be restricted.
7.4 You have the right to obtain the data concerning you which you have provided us with in accordance with Art. 20 DSGVO and to demand that it be passed on to other responsible parties.
7.5 You also have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.
8. Right of withdrawal
You have the right to revoke consents granted in accordance with Art. 7 Para. 3 DSGVO with effect for the future.
9. Right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. The objection may in particular be made against processing for the purposes of direct advertising.
10. Cookies and right of objection for direct advertising
10.1 “Cookies” are small files that are stored on the computers of the users. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Third party cookies” are cookies from providers other than the person responsible for operating the online service (otherwise, if it is only their cookies, it is called “first-party cookies”).
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
11. Deletion of data
11.1 The data processed by us will be deleted or restricted in their processing in accordance with articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
11.2 Germany: In accordance with legal requirements, data is stored in particular for 6 years in accordance with § 257 para. 1 HGB (German Commercial Code) (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
12. Order processing in the online shop and customer account
12.1 We process the data of our customers in the context of the order procedures in our online shop, in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
12.2 The processed data includes inventory data, communication data, contract data, payment data and the persons concerned are our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. For this purpose, we use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
12.3 The processing is based on Art. 6 para. 1 lit. b (execution of order processes) and c (legally required archiving) DSGVO. The information marked as required is required to justify and fulfil the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfilment of the contract (e.g. on customer request for delivery or payment).
12.4 Users can optionally create a user account, in particular by viewing their orders. During the registration process, the required mandatory data will be provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their safekeeping is necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. Data in the customer account will remain until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to save their data in case of termination before the end of the contract.
12.5 Within the scope of registration and renewed logins and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.
12.6 Deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, deletion takes place after their expiry (end of commercial (6 years) and tax (10 years) storage obligation); information in the customer account remains until its deletion.
13. Business management analyses and market research
13.1 In order to run our business economically, to recognize market trends, customer and user wishes, we analyze the data available to us on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the persons concerned include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of business management evaluations, marketing and market research. In doing so, we can take into account the profiles of the registered users with information, e.g. on their purchase transactions. The analyses serve us to increase user-friendliness, to optimise our offer and business efficiency. The analyses serve only us and are not disclosed externally, unless they are anonymous analyses with summarized values.
13.2 If these analyses or profiles are personal, they will be deleted or made anonymous upon termination by the user, otherwise after two years from the conclusion of the contract. In all other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
14. Credit rating information
14.1 If we make advance payments (e.g. when purchasing on account), we reserve the right to obtain identity and creditworthiness information for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures from specialised service companies (credit agencies) in order to protect our legitimate interests.
14.2 Within the scope of the credit information, we transmit the following personal data of the customer (name, postal address, date of birth, details of the type of contract, bank details [Please provide further data if necessary]) to the following credit agencies:
Please indicate the credit agencies here, e.g.:] SCHUFA-Gesellschaft (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), data protection information: https://www.schufa.de/de/ueber-uns/daten-scoring/.
14.3 We process the information received from the credit agencies about the statistical probability of a payment default within the scope of a proper discretionary decision about the establishment, execution and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative result of the credit assessment.
14.4 The decision whether to make advance payment is made in accordance with Art. 22 DSGVO solely on the basis of an automated decision in the individual case, which is made by our software on the basis of information from the credit agency.
14.5 If we obtain your express consent, the legal basis for credit information and the transmission of the customer’s data to the credit agencies is the consent pursuant to Art. 6 Para. 1 lit. a, 7 DSGVO. If consent is not obtained, our legitimate interests in the security of your payment claim are the legal basis in accordance with Art. 6 Para. 1 lit. f. DSGVO.
15. Contact and customer service
15.1 When contacting us (via contact form or e-mail), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO.
15.2 The user’s details may be stored in our customer relationship management system (“CRM system”) or a comparable enquiry organisation.
15.3 We delete the enquiries if they are no longer required. We review the necessity every two years; we permanently store inquiries from customers who have a customer account and refer to the information on the customer account for deletion. Furthermore, the statutory archiving obligations apply.
16. Collection of access data and log files
16.1 On the basis of our legitimate interests within the meaning of Article 6 paragraph 1 lit. f. DSGVO, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited site), IP address and the requesting provider.
16.2 For security reasons (e.g. to clarify misuse or fraudulent actions), log file information is stored for a maximum of seven days and then deleted. Data whose further storage is required for evidential purposes is excluded from deletion until the respective incident has been finally clarified.
17. Online presence in social media
17.1 We maintain on the basis of our legitimate interests within the meaning of Article 6 paragraph 1 lit. f. DSGVO, we maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
17.2 We use Google Analytics in order to display the advertisements placed within the advertising services of Google and its partners only to those users who have also shown an interest in our online offer or who exhibit certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) which we transmit to Google (so-called “remarketing” or “Google Analytics Audiences”). With the help of remarketing audiences, we also want to ensure that our advertisements correspond to the potential interest of the users and do not appear annoying.
18. Google analytics
18.2 Google is certified under the Privacy-Shield-Agreement and thus offers a guarantee to comply with the European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
18.3 Google will use this information on our behalf in order to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services associated with the use of this website and the use of the Internet. In doing so, pseudonymous user profiles of the users can be created from the processed data.
18.4 We use Google Analytics only with activated IP anonymization. This means that the IP address of the user is 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 is the full IP address transferred to a Google server in the USA and shortened there.
18.5 The IP address transmitted by the user’s browser will not be merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
18.6 Further information on Google’s use of data, setting and objection options can be found on Google’s websites: https://www.google.com/intl/de/policies/privacy/partners (“Data use by Google when you use the websites or apps of our partners”), https://policies.google.com/technologies/ads (“Data use for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information that Google uses to show you advertising”).
19 Google Re/Marketing Services
19.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the marketing and remarketing services (in short “Google Marketing Services”) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
19.2 Google is certified under the Privacy Shield Agreement and thereby offers a guarantee that it complies with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
19.3 Google’s marketing services allow us to display ads for and on our website in a more targeted manner so that we only show users ads that potentially match their interests. For example, if a user is shown ads for products that he or she has been interested in on other websites, this is called “remarketing”. For these purposes, when you access our and other websites on which Google marketing services are active, Google will execute code directly by Google and (re)marketing tags (invisible graphics or code, also known as “web beacons”) will be embedded in the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (instead of cookies, comparable technologies can also be used). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, what content he is interested in and which offers he has clicked on, as well as technical information on the browser and operating system, referring websites, visiting time and other information on the use of the online offer. The IP address of the user is also recorded, whereby we inform within the framework of Google Analytics that the IP address is shortened within member states of the European Union or in other states that are party to the Agreement on the European Economic Area and only in exceptional cases is it transferred in full to a Google server in the USA and shortened there. The IP address is not merged with user data within other Google offers. Google may also combine the above-mentioned information with information from other sources. If the user subsequently visits other websites, the ads tailored to his interests can be displayed.
19.4 User data is processed pseudonymously as part of Google’s marketing services. This means that Google does not store and process e.g. the name or e-mail address of the user, but processes the relevant data cookie-related within pseudonymous user profiles. I.e. from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who that cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected by Google marketing services about users is transmitted to Google and stored on Google’s servers in the USA.
19.5 The Google marketing services used by us include the online advertising program “Google AdWords”. In the case of Google AdWords, each AdWords customer receives a different “conversion cookie”. Cookies can therefore not be tracked through the websites of AdWords customers. The information collected through the cookie is used to compile conversion statistics for AdWords customers who have opted in to conversion tracking. AdWords advertisers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
19.8 We may also use the “Google Optimizer” service. Google Optimizer allows us to track the effects of various changes to a website (e.g. changes to input fields, design, etc.) within the framework of so-called “A/B testing”. For these test purposes, cookies are stored on the users’ devices. Only pseudonymous user data is processed.
19.9 We may also use the “Google Tag Manager” to integrate and manage Google’s analysis and marketing services into our website.
Furthermore, when using the Facebook pixel, we use the additional function “extended matching” (here, data such as telephone numbers, email addresses or Facebook IDs of users) to create target groups (“custom audiences” or “look like audiences”) and send them to Facebook (encrypted). Further notes on “extended matching”: https://www.facebook.com/business/help/611774685654668).
We also use the “Custom Audiences from File” procedure of the social network Facebook, Inc. In this case, the email addresses of the newsletter recipients are uploaded to Facebook. The upload process is encrypted. The upload is used solely to determine recipients of our Facebook ads. We want to ensure that the ads are only displayed to users who have an interest in our information and services.
20. Facebook, custom audiences and Facebook marketing services
20.1 Within our online offer, the so-called “Facebook pixel” of the social network Facebook, which is operated by Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are located in the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), is used due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes.
20.2 Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
20.3 With the help of the Facebook pixel, Facebook is on the one hand able to determine the visitors to our online offer as a target group for the presentation of advertisements (so-called “Facebook Ads”). Accordingly, we use the Facebook Pixel in order to display the Facebook Ads placed by us only to those Facebook users who have also shown an interest in our online offering or who exhibit certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called “custom audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook Ads correspond to the potential interest of users and do not appear to be annoying. With the help of the Facebook Pixel, we can also track the effectiveness of Facebook Ads for statistical and market research purposes by seeing whether users are redirected to our website after clicking on a Facebook Ad (so-called “conversion”).
20.4 The processing of data by Facebook is carried out within the framework of Facebook’s Data Usage Policy. Accordingly, general information on the display of Facebook Ads, in the Facebook Data Usage Policy: https://www.facebook.com/policy.php. Specific information and details about the Facebook pixel and its functionality can be found in the Facebook help section: https://www.facebook.com/business/help/651294705016616.
20.5 You may object to the collection by the Facebook Pixel and use of your information to display Facebook Ads. To control what types of ads are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions on usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, which means they apply to all devices, such as desktop computers or mobile devices.
21. Facebook Social Plugins
21.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The Plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on blue tile, the words “Like”, “Like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
21.2. Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
21.3 If a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offer by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the users according to our state of knowledge.
21.4 By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his or her Facebook account. If users interact with the plugins, for example, by pressing the Like button or making a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his or her IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany.
21.6 If a user is a Facebook member and does not want Facebook to collect data about him or her via this online offer and link it to his or her membership data stored on Facebook, he or she must log out of Facebook and delete his or her cookies before using our online offer. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
22. Jetpack (WordPress Stats)
22.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Paragraph 1 lit. f. DSGVO) the plugin Jetpack (here the sub-function “WordPress Stats”), which integrates a tool for the statistical evaluation of visitor access and is provided by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Jetpack uses so-called “cookies”, text files which are stored on your computer and which enable an analysis of your use of the website.
23.1 With the following notes we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your right to object. By subscribing to our newsletter, you agree to receive it and to the described procedures.
23.2 Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter “newsletter”) only with the consent of the recipients or with a legal permission. Insofar as the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our products, offers, promotions and our company.
23.3 Double-Opt-In and logging: The registration for our newsletter takes place in a so-called Double-Opt-In procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
23.4 Dispatch service provider: Newsletters are sent via “MailChimp”, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The data protection regulations of the mail service provider can be viewed here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
23.5 If we use a mail service provider, the mail service provider can use this data in pseudonymous form, i.e. without allocation to a user, according to its own information to optimize or improve its own services, e.g. for technical optimization of the dispatch and the presentation of the newsletter or for statistical purposes to determine from which countries the recipients come. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or pass them on to third parties.
23.6. registration data: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to enter a name for personal contact in the newsletter.
23.7 Measurement of success – The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a mailing service provider, from their server. Within the scope of this retrieval, technical information such as information on the browser and your system, as well as your IP address and time of retrieval are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined by means of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the dispatch service provider to observe individual users. The evaluations serve us much more 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.
23.8 Germany: The dispatch of the newsletter and the measurement of success are based on the consent of the recipients according to Art. 6 Para. 1 lit. a, Art. 7 DSGVO in connection with § 7 Para. 2 No. 3 UWG or on the basis of the legal permission according to § 7 Para. 3 UWG.
23.9. Austria: The newsletter is sent and its success is measured on the basis of the recipients’ consent pursuant to Art. 6 Par. 1 lit. a, Art. 7 DSGVO in conjunction with § 107 Par. 2 TKG or on the basis of legal permission pursuant to § 107 Par. 2 and 3 TKG.
23.10. The logging of the registration procedure is carried out on the basis of our legitimate interests in accordance with art. 6 para. 1 lit. f DSGVO and serves as proof of consent to receive the newsletter.
23.11. Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consent. A link to cancel the newsletter can be found at the end of each newsletter. At the same time, their consent to the performance measurement expires. A separate revocation of the performance measurement is unfortunately not possible, in which case the entire newsletter subscription must be cancelled. When you unsubscribe from the newsletter, your personal data will be deleted, unless their storage is legally required or justified, in which case their processing will be limited to these exceptional purposes only. In particular, we may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them for the purposes of sending the newsletter, in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
24. integration of third party services and content
24.1 Within our online offer, we set within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of these contents are aware of the IP address of the users, as without the IP address they would not be able to send the contents to their browsers. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information on the browser and operating system, referring web pages, visiting time and other details on the use of our online offer, as well as being able to be linked to such information from other sources.
24.2 The following presentation offers an overview of third party providers and their contents, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, the possibility to object (so-called opt-out)