Privacy policy
Privacy Policy
Privacy Policy
We are very pleased about your interest in our company. Data protection is of particularly high importance to the management of Punch GmbH. In principle, it is possible to use the websites of Punch GmbH without providing any personal data. However, if a data subject wishes to make use of special services provided by our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection provisions applicable to Punch GmbH. Through this Privacy Policy, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this Privacy Policy informs data subjects about the rights to which they are entitled.
As the controller responsible for processing, Punch GmbH has implemented numerous technical and organisational measures to ensure the most comprehensive protection possible of personal data processed through this website. Nevertheless, Internet-based data transmissions may generally have security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The Privacy Policy of Punch GmbH is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for both the public and our customers and business partners. To ensure this, we would first like to explain the terminology used.
Among other things, we use the following terms in this Privacy Policy:
- a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “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 or to one or more specific characteristics that are an expression of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
- c) Processing
Processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting its future processing.
- e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
- g) Controller or controller responsible for processing
The controller or controller responsible for processing 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. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its nomination may be provided for by Union law or the law of the Member States.
- h) Processor
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) Recipient
A recipient is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union law or the law of the Member States shall not be regarded as recipients.
- j) Third party
A third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and persons who, under the direct responsibility of the controller or processor, are authorised to process the personal data.
- k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.
2. Name and Address of the Controller Responsible for Processing
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions relating to data protection is:
Punch GmbH
Im Taubental 15a
41468 Neuss
Germany
Tel.: +492131229900
Email: info@punch-gmbh.de
Website: punch-gmbh.de
3. Name and Address of the Data Protection Officer
The Data Protection Officer of the controller responsible for processing is:
Punch GmbH
Im Taubental 15a
41468 Neuss
Germany
Tel.: +492131229900
Email: info@punch-gmbh.de
Website: punch-gmbh.de
Every data subject may contact our Data Protection Officer directly at any time with any questions or suggestions concerning data protection.
4. Cookies
The websites of Punch GmbH use cookies. Cookies are text files that are stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other Internet browsers containing different cookies. A specific Internet browser can be recognised and identified using the unique cookie ID.
Through the use of cookies, Punch GmbH can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
Information and offers on our website can be optimised in the interests of the user through the use of a cookie. Cookies allow us, as already mentioned, to recognise users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter their login details again each time they visit the website because this is taken over by the website from the cookie stored on the user’s computer system. Another example is the shopping cart cookie in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart through a cookie.
The data subject may prevent cookies from being set by our website at any time by changing the relevant settings in the Internet browser used and thereby permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject disables the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
5. Collection of General Data and Information
The website of Punch GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to prevent danger in the event of attacks on our information technology systems.
When using this general data and information, Punch GmbH does not draw any conclusions about the data subject. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated statistically by Punch GmbH and also with the aim of increasing data protection and data security within our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.
6. Registration on Our Website
The data subject has the opportunity to register on the website of the controller by providing personal data. Which personal data is transmitted to the controller is determined by the respective input form used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, such as a parcel delivery service, which also uses the personal data exclusively for internal purposes attributable to the controller.
When registering on the website of the controller, the IP address assigned by the data subject’s Internet service provider (ISP), as well as the date and time of registration, are also stored. The storage of this data takes place against the background that this is the only way to prevent misuse of our services and, if necessary, to enable the investigation of criminal offences. In this respect, storage of this data is necessary to safeguard the controller. This data is generally not passed on to third parties unless there is a legal obligation to do so or the disclosure serves the purpose of law enforcement.
The registration of the data subject with the voluntary provision of personal data serves the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the controller’s records.
The controller will provide every data subject, upon request at any time, with information about which personal data concerning them is stored. Furthermore, the controller will correct or delete personal data at the request or notification of the data subject, provided that there are no statutory retention obligations to the contrary. All employees of the controller are available to the data subject as contact persons in this regard.
7. Subscription to Our Newsletter
The website of Punch GmbH gives users the opportunity to subscribe to our company newsletter. Which personal data is transmitted to the controller when ordering the newsletter is determined by the input form used for this purpose.
Punch GmbH regularly informs its customers and business partners about company offers by means of a newsletter. Our company newsletter can generally only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter mailing. For legal reasons, a confirmation email is sent to the email address entered by a data subject for the first time for newsletter distribution using the double opt-in procedure. This confirmation email is used to verify whether the owner of the email address, as the data subject, has authorised receipt of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace possible misuse of a data subject’s email address at a later date and therefore serves the legal protection of the controller.
The personal data collected as part of registration for the newsletter is used exclusively to send our newsletter. Furthermore, newsletter subscribers may be informed by email if this is necessary for the operation of the newsletter service or a related registration, such as in the event of changes to the newsletter offering or changes to the technical circumstances. The personal data collected as part of the newsletter service is not passed on to third parties. The data subject may cancel the newsletter subscription at any time. Consent to the storage of personal data granted by the data subject for newsletter distribution may be withdrawn at any time. For the purpose of withdrawing consent, a corresponding link can be found in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the controller’s website or to notify the controller in another way.
For our newsletter, we use the email marketing service Klaviyo (Klaviyo, Inc., 225 Franklin St, Boston, MA 02110, USA). Klaviyo acts as our processor and processes your email address and, where applicable, any additional data voluntarily provided exclusively for the purpose of sending newsletters.
Klaviyo is an active member of the EU-US Data Privacy Framework and additionally uses Standard Contractual Clauses (SCCs) pursuant to Art. 46 GDPR to ensure an adequate level of data protection when transferring and storing your data in the USA.
A Data Processing Agreement (DPA) exists between us and Klaviyo, ensuring that Klaviyo processes personal data in accordance with European data protection standards.
Registration for our newsletter takes place only with your express consent using the double opt-in procedure. You may withdraw your consent at any time with effect for the future – either directly via the unsubscribe link in every newsletter email or by contacting our support team.
Complete information about data protection at Klaviyo can be found in their Privacy Policy at klaviyo.com.
8. Newsletter Tracking
The newsletters of Punch GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in emails that are sent in HTML format in order to enable log file recording and log file analysis. This makes it possible to statistically evaluate the success or failure of online marketing campaigns. Using the embedded tracking pixel, Punch GmbH can determine whether and when an email was opened by a data subject and which links contained in the email were accessed by the data subject.
Personal data collected through the tracking pixels contained in newsletters is stored and evaluated by the controller in order to optimise newsletter distribution and better adapt the content of future newsletters to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled at any time to withdraw the separate declaration of consent provided through the double opt-in procedure in this regard. Following withdrawal, this personal data will be deleted by the controller. Unsubscribing from receipt of the newsletter is automatically interpreted by Punch GmbH as withdrawal of consent.
9.
Uptain
To improve interaction with our visitors, we use a JavaScript plugin from uptain GmbH (“uptain plugin” https://www.uptain.de). This allows us to analyse your use of the website and improve customer communication, for example through a dialogue window. For this purpose, we collect information about your usage behaviour, i.e. cursor movements, time spent on the website, links clicked and, where applicable, information provided. The legal basis for processing is our legitimate interest in direct marketing and the provision of our website (Art. 6 para. 1 lit. f GDPR). uptain GmbH acts as a processor and is strictly bound by our instructions. The information collected is not passed on to third parties unless we are legally obliged to do so. If the information collected by the uptain plugin contains personal data, this data is deleted immediately after your visit to our website.
You can deactivate the use of the uptain plugin at any time via the following link:
https:/www.lonsdale.de/datenschutz?__up_tracking_unsubscribe
1. Hotjar
We use Hotjar to better understand the needs of our users and to optimise this service and their experience. Hotjar is a technology service that helps us better understand user behaviour, such as how much time users spend on which pages, which links they choose, what users like and dislike, etc., thereby enabling us to build and maintain our service using user feedback. Hotjar uses cookies and other technologies to collect data about the behaviour of our users and their devices. This includes the IP address of a device (processed during your session and stored in de-identified form), the screen size of the device, the type of device (unique device identifiers), browser information, geographical locations (country only), and the preferred language used to display our website. Hotjar stores this information in a pseudonymised user profile on our behalf. Hotjar is contractually obligated not to sell any data collected on our behalf.
9. Google Fonts
Our website uses so-called web fonts provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”) to ensure consistent font display. When you access our pages, your browser loads the required web fonts directly from Google into your browser cache so that texts and fonts can be displayed correctly.
For this purpose, your browser establishes a connection to Google’s servers. This may also result in the transmission of personal data, such as the IP address, to Google servers in the USA. Google is certified under the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection.
The use of Google Fonts is in the interest of a consistent and appealing presentation of our online offerings. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
Further information about Google Fonts can be found at https://developers.google.com/fonts/faq and in Google’s Privacy Policy: https://policies.google.com/privacy?hl=de.
9. Contact Option via the Website
Due to legal requirements, the website of Punch GmbH contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data voluntarily transmitted by a data subject to the controller is stored for the purpose of processing the enquiry or contacting the data subject. This personal data is not passed on to third parties.
10. Routine Deletion and Blocking of Personal Data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.
11. Rights of the Data Subject
- a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.
- b) Right of access
Every person affected by the processing of personal data has the right granted by the European legislator to obtain free information from the controller at any time about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator has granted the data subject the right to obtain information about:
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations
- where possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine that period
- the existence of the right to request rectification or erasure of personal data concerning them or restriction of processing by the controller or to object to such processing
- the existence of the right to lodge a complaint with a supervisory authority
- where the personal data is not collected from the data subject: any available information as to its source
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject
Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.
- c) Right to rectification
Every person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.
- d) Right to erasure (right to be forgotten)
Every person affected by the processing of personal data has the right granted by the European legislator to request that the controller erase personal data concerning them without undue delay if one of the following reasons applies and insofar as the processing is not necessary:
- The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
- The data subject withdraws their consent on which the processing was based pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 para. 2 GDPR.
- The personal data has been unlawfully processed.
- The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data has been collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored by Punch GmbH deleted, they may contact an employee of the controller at any time. The employee of Punch GmbH will arrange for the deletion request to be complied with without undue delay.
If the personal data has been made public by Punch GmbH and our company is responsible for its deletion pursuant to Art. 17 para. 1 GDPR, Punch GmbH shall, taking into account available technology and the cost of implementation, take reasonable measures, including technical measures, to inform other controllers processing the published personal data that the data subject has requested from such other controllers the erasure of any links to, or copy or replication of, that personal data, insofar as the processing is not necessary. The employee of Punch GmbH will arrange for the necessary measures to be taken in individual cases.
- e) Right to restriction of processing
Every person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of its use instead.
- The controller no longer needs the personal data for the purposes of processing, but the data subject requires it for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request restriction of personal data stored by Punch GmbH, they may contact an employee of the controller at any time. The employee of Punch GmbH will arrange for the restriction of processing.
- f) Right to data portability
Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit that data to another controller without hindrance from the controller to which the personal data was provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and the processing is carried out by automated means, unless 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.
Furthermore, when exercising their right to data portability pursuant to Art. 20 para. 1 GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact an employee of Punch GmbH at any time.
- g) Right to object
Every person affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Art. 6 para. 1 lit. e or f GDPR. This also applies to profiling based on these provisions.
Punch GmbH shall no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.
Where Punch GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Punch GmbH processing their data for direct marketing purposes, Punch GmbH will no longer process the personal data for such purposes.
Furthermore, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them for scientific or historical research purposes or statistical purposes pursuant to Art. 89 para. 1 GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact any employee of Punch GmbH or another employee directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
- h) Automated individual decision-making, including profiling
Every person affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into or performance of a contract between the data subject and the controller or (2) is based on the data subject’s explicit consent, Punch GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which shall include at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, they may contact an employee of the controller at any time.
- i) Right to withdraw consent under data protection law
Every person affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.
12. Data Protection for Applications and During the Application Procedure
The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. Processing may also take place electronically. This is particularly the case if an applicant submits relevant application documents to the controller electronically, for example by email or via a web form available on the website. If the controller enters into an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller oppose deletion. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
13. Data Protection Provisions on the Use and Application of Facebook
The controller has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is an Internet-based social meeting place, an online community that generally enables users to communicate with one another and interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences or enable the Internet community to provide personal or company-related information. Facebook enables users of the social network, among other things, to create private profiles, upload photos and connect with one another through friend requests.
The operator of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. The controller responsible for processing personal data when a data subject lives outside the USA or Canada is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time one of the individual pages of this website operated by the controller is accessed and a Facebook component (Facebook plugin) has been integrated, the Internet browser on the data subject’s information technology system is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plugins can be accessed at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook becomes aware of which specific subpage of our website is visited by the data subject.
If the data subject is simultaneously logged into Facebook, Facebook recognises with every visit to our website by the data subject, and throughout the entire duration of the respective visit, which specific subpage of our website the data subject visits. This information is collected by the Facebook component and assigned by Facebook to the data subject’s Facebook account. If the data subject activates one of the Facebook buttons integrated into our website, such as the “Like” button, or leaves a comment, Facebook assigns this information to the data subject’s personal Facebook user account and stores this personal data.
Facebook receives information through the Facebook component whenever the data subject visits our website while simultaneously logged into Facebook; this occurs regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want such information to be transmitted to Facebook, they can prevent this transmission by logging out of their Facebook account before accessing our website.
The data policy published by Facebook, available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains the settings options Facebook provides to protect the privacy of the data subject. In addition, various applications are available that allow data transmission to Facebook to be prevented. Such applications can be used by the data subject to prevent the transmission of data to Facebook.
14. Data Protection Provisions on the Use and Application of Google AdSense
The controller has integrated Google AdSense on this website. Google AdSense is an online service through which advertising is placed on third-party websites. Google AdSense is based on an algorithm that selects advertisements displayed on third-party websites according to the content of the respective third-party website. Google AdSense enables interest-based targeting of Internet users, which is implemented through the creation of individual user profiles.
The operator of the Google AdSense component is Alphabet Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The purpose of the Google AdSense component is to integrate advertisements into our website. Google AdSense places a cookie on the information technology system of the data subject. The nature of cookies has already been explained above. By setting the cookie, Alphabet Inc. is enabled to analyse the use of the website. Each time one of the individual pages of this website operated by the controller is accessed and a Google AdSense component is integrated, the Internet browser on the data subject’s information technology system automatically causes the respective Google AdSense component to transmit data to Alphabet Inc. for the purposes of online advertising and commission accounting. As part of this technical process, Alphabet Inc. becomes aware of personal data such as the IP address of the data subject, which Alphabet Inc. uses, among other things, to trace the origin of visitors and clicks and subsequently enable commission settlements.
The data subject may prevent cookies from being set by our website at any time by changing the relevant settings in the Internet browser used and thereby permanently object to the setting of cookies. Such a setting of the Internet browser would also prevent Alphabet Inc. from setting a cookie on the data subject’s information technology system. Furthermore, a cookie already set by Alphabet Inc. can be deleted at any time via the Internet browser or other software programs.
Google AdSense also uses so-called tracking pixels. A tracking pixel is a miniature graphic embedded in websites to enable log file recording and log file analysis, allowing statistical evaluation to be carried out. Through the embedded tracking pixel, Alphabet Inc. can determine whether and when a website was opened by a data subject and which links were clicked by the data subject. Tracking pixels are used, among other things, to analyse visitor traffic to a website.
Through Google AdSense, personal data and information, including the IP address necessary for recording and billing the advertisements displayed, is transferred to Alphabet Inc. in the United States of America. This personal data is stored and processed in the United States of America. Alphabet Inc. may disclose this personal data collected through the technical process to third parties.
Google AdSense is explained in more detail at https://www.google.de/intl/de/adsense/start/.
15. Data Protection Provisions on the Use and Application of Google Analytics (with Anonymisation Function)
The controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analytics service. Web analytics means the collection, gathering and evaluation of data about the behaviour of visitors to websites. A web analytics service collects, among other things, data about which website a data subject came from to reach a website (so-called referrer), which subpages were accessed, and how often and for how long a subpage was viewed. Web analytics is primarily used to optimise a website and to analyse the cost-effectiveness of online advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the “_gat._anonymizeIp” extension for web analysis via Google Analytics. Through this extension, Google shortens and anonymises the IP address of the data subject’s Internet connection when our websites are accessed from a Member State of the European Union or another contracting state of the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse visitor traffic to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, compile online reports for us showing activities on our websites, and provide other services relating to website use.
Google Analytics places a cookie on the information technology system of the data subject. The nature of cookies has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website operated by the controller is accessed and a Google Analytics component is integrated, the Internet browser on the data subject’s information technology system is automatically prompted by the respective Google Analytics component to transmit data to Google for online analysis purposes. As part of this technical process, Google becomes aware of personal data such as the IP address of the data subject, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently enable commission settlements.
The cookie stores personal information, such as the time of access, the location from which access originated and the frequency of visits to our website by the data subject. Each time our websites are visited, this personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose this personal data collected through the technical process to third parties.
The data subject may prevent cookies from being set by our website at any time by changing the relevant settings in the Internet browser used and thereby permanently object to the setting of cookies. Such a setting of the Internet browser would also prevent Google from setting a cookie on the data subject’s information technology system. Furthermore, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the option of objecting to the collection of data generated by Google Analytics relating to the use of this website and to the processing of this data by Google and preventing such processing. To do this, the data subject must download and install a browser add-on available at https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. Installation of the browser add-on is considered an objection by Google. If the data subject’s information technology system is deleted, formatted or reinstalled at a later date, the browser add-on must be installed again by the data subject in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of responsibility, there is the possibility of reinstalling or reactivating it.
Further information and the applicable data protection provisions of Google can be accessed at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at https://www.google.com/intl/de_de/analytics/.
16. Data Protection Provisions on the Use and Application of Google Remarketing
The controller has integrated Google Remarketing services on this website. Google Remarketing is a function of Google AdWords that enables a company to display advertisements to Internet users who have previously visited the company’s website. The integration of Google Remarketing therefore allows a company to create user-related advertising and consequently display interest-based advertisements to Internet users.
The operator of Google Remarketing services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The purpose of Google Remarketing is to display interest-based advertising. Google Remarketing enables us to display advertisements via the Google advertising network or on other websites that are tailored to the individual needs and interests of Internet users.
Google Remarketing places a cookie on the information technology system of the data subject. The nature of cookies has already been explained above. By setting the cookie, Google is enabled to recognise the visitor when they subsequently access websites that are also members of the Google advertising network. Each time a website on which the service is integrated is accessed, the data subject’s Internet browser automatically identifies itself to Google. As part of this technical process, Google becomes aware of personal data such as the IP address or browsing behaviour of the user, which Google uses, among other things, to display interest-based advertising.
The cookie stores personal information, such as the websites visited by the data subject. Accordingly, each time our websites are visited, personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose this personal data collected through the technical process to third parties.
The data subject may prevent cookies from being set by our website at any time by changing the relevant settings in the Internet browser used and thereby permanently object to the setting of cookies. Such a setting of the Internet browser would also prevent Google from setting a cookie on the data subject’s information technology system. Furthermore, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the option of objecting to interest-based advertising by Google. To do this, the data subject must access the link www.google.de/settings/ads from each Internet browser they use and make the desired settings there.
Further information and the applicable data protection provisions of Google can be accessed at https://www.google.de/intl/de/policies/privacy/.
17. Data Protection Provisions on the Use and Application of Google AdWords
The controller has integrated Google AdWords on this website. Google AdWords is an Internet advertising service that allows advertisers to place advertisements both in Google search engine results and in the Google advertising network. Google AdWords allows an advertiser to define certain keywords in advance, by means of which an advertisement is displayed in Google’s search engine results only when the user retrieves a search result relevant to the keyword using the search engine. In the Google advertising network, the advertisements are distributed to thematically relevant websites using an automatic algorithm and taking into account the previously defined keywords.
The operator of Google AdWords services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The purpose of Google AdWords is to promote our website by displaying interest-based advertising on the websites of third-party companies and in the search engine results of the Google search engine, as well as to display third-party advertising on our website.
If a data subject reaches our website through a Google advertisement, a so-called conversion cookie is stored on the data subject’s information technology system by Google. The nature of cookies has already been explained above. A conversion cookie expires after thirty days and is not used to identify the data subject. The conversion cookie is used, provided that the cookie has not expired, to determine whether certain subpages, such as the shopping cart of an online shop system, have been accessed on our website. Through the conversion cookie, both we and Google can determine whether a data subject who reached our website via an AdWords advertisement generated revenue, i.e. completed or abandoned a purchase.
The data and information collected through the use of the conversion cookie is used by Google to create visitor statistics for our website. We in turn use these visitor statistics to determine the total number of users referred to us through AdWords advertisements, i.e. to determine the success or failure of the respective AdWords advertisement and to optimise our AdWords advertisements for the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.
The conversion cookie stores personal information, such as the websites visited by the data subject. Accordingly, each time our websites are visited, personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose this personal data collected through the technical process to third parties.
The data subject may prevent cookies from being set by our website at any time by changing the relevant settings in the Internet browser used and thereby permanently object to the setting of cookies. Such a setting of the Internet browser would also prevent Google from setting a conversion cookie on the data subject’s information technology system. Furthermore, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the option of objecting to interest-based advertising by Google. To do this, the data subject must access the link www.google.de/settings/ads from each Internet browser they use and make the desired settings there.
Further information and the applicable data protection provisions of Google can be accessed at https://www.google.de/intl/de/policies/privacy/.
18. Data Protection Provisions on the Use and Application of Instagram
The controller has integrated components of the Instagram service on this website. Instagram is a service that can be classified as an audiovisual platform and enables users to share photos and videos and also redistribute such data on other social networks.
The operator of Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
Each time one of the individual pages of this website operated by the controller is accessed and an Instagram component (Instagram button) is integrated, the Internet browser on the data subject’s information technology system is automatically prompted by the respective Instagram component to download a representation of the corresponding Instagram component from Instagram. As part of this technical process, Instagram becomes aware of which specific subpage of our website is visited by the data subject.
If the data subject is simultaneously logged into Instagram, Instagram recognises with each visit to our website by the data subject, and throughout the entire duration of the respective visit, which specific subpage of our website the data subject visits. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject activates one of the Instagram buttons integrated into our website, the data and information transmitted as a result are assigned to the data subject’s personal Instagram user account and stored and processed by Instagram.
Instagram receives information through the Instagram component whenever the data subject visits our website while simultaneously logged into Instagram; this occurs regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not want such information to be transmitted to Instagram, they can prevent this transmission by logging out of their Instagram account before accessing our website.
Further information and the applicable data protection provisions of Instagram can be accessed at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
19. Data Protection Provisions on the Use and Application of Shariff
The controller has integrated the Shariff component on this website. The Shariff component provides social media buttons that comply with data protection requirements. Shariff was developed for the German computer magazine c’t and is published by GitHub, Inc.
The developer of the component is GitHub, Inc., 88 Colin P. Kelly Junior Street, San Francisco, CA 94107, USA.
Normally, the button solutions provided by social networks already transmit personal data to the respective social network when a user visits a website into which a social media button has been integrated. Through the use of the Shariff component, personal data is only transmitted to social networks when the visitor to a website actively clicks on one of the social media buttons. Further information about the Shariff component is provided by the computer magazine c’t at http://www.heise.de/newsticker/meldung/Datenschutz-und-Social-Media-Der-c-t-Shariff-ist-im-Einsatz-2470103.html. The purpose of using the Shariff component is to protect the personal data of visitors to our website while at the same time enabling us to integrate a button solution for social networks into this website.
Further information and the applicable data protection provisions of GitHub can be accessed at https://help.github.com/articles/github-privacy-policy/.
20. Data Protection Provisions on the Use and Application of Twitter
The controller has integrated components of Twitter on this website. Twitter is a multilingual, publicly accessible microblogging service on which users publish and distribute so-called tweets, i.e. short messages limited to 280 characters. These short messages are accessible to everyone, including people who are not registered with Twitter. Tweets are also displayed to the respective user’s followers. Followers are other Twitter users who follow a user’s tweets. Twitter also enables users to reach a broad audience through hashtags, links or retweets.
The operator of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.
Each time one of the individual pages of this website operated by the controller is accessed and a Twitter component (Twitter button) is integrated, the Internet browser on the data subject’s information technology system is automatically prompted by the respective Twitter component to download a representation of the corresponding Twitter component from Twitter. Further information about Twitter buttons can be accessed at https://about.twitter.com/de/resources/buttons. As part of this technical process, Twitter becomes aware of which specific subpage of our website is visited by the data subject. The purpose of integrating the Twitter component is to enable our users to redistribute the content of this website, make this website known in the digital world and increase our visitor numbers.
If the data subject is simultaneously logged into Twitter, Twitter recognises with each visit to our website by the data subject, and throughout the entire duration of the respective visit, which specific subpage of our website the data subject visits. This information is collected by the Twitter component and assigned by Twitter to the data subject’s Twitter account. If the data subject activates one of the Twitter buttons integrated into our website, the data and information transmitted as a result are assigned to the data subject’s personal Twitter user account and stored and processed by Twitter.
Twitter receives information through the Twitter component whenever the data subject visits our website while simultaneously logged into Twitter; this occurs regardless of whether the data subject clicks on the Twitter component or not. If the data subject does not want such information to be transmitted to Twitter, they can prevent this transmission by logging out of their Twitter account before accessing our website.
The applicable data protection provisions of Twitter can be accessed at https://twitter.com/privacy?lang=de.
21. Payment Method: Data Protection Provisions for PayPal as a Payment Method
The controller has integrated PayPal components on this website. PayPal is an online payment service provider. Payments are processed through so-called PayPal accounts, which are virtual private or business accounts. PayPal also offers the option of making virtual payments via credit cards if a user does not maintain a PayPal account. A PayPal account is operated via an email address, which is why there is no traditional account number. PayPal enables online payments to third parties or the receipt of payments. PayPal also performs trustee functions and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the data subject selects “PayPal” as the payment option during the ordering process in our online shop, data of the data subject is automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transmission of personal data required for payment processing.
The personal data transmitted to PayPal generally includes first name, last name, address, email address, IP address, telephone number, mobile telephone number or other data necessary for payment processing. Personal data relating to the respective order is also necessary for processing the purchase contract.
The purpose of transmitting the data is payment processing and fraud prevention. The controller will transmit personal data to PayPal in particular where there is a legitimate interest in the transmission. Personal data exchanged between PayPal and the controller may be transmitted by PayPal to credit reference agencies. The purpose of this transmission is identity and creditworthiness verification.
PayPal may disclose personal data to affiliated companies and service providers or subcontractors where this is necessary to fulfil contractual obligations or where the data is to be processed on behalf of PayPal.
The data subject has the option of withdrawing consent to the handling of personal data from PayPal at any time. Withdrawal does not affect personal data that must necessarily be processed, used or transmitted for contractual payment processing.
The applicable data protection provisions of PayPal can be accessed at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
22. Payment Method: Data Protection Provisions for Sofortüberweisung as a Payment Method
The controller has integrated components of Sofortüberweisung on this website. Sofortüberweisung is a payment service that enables cashless payment for products and services over the Internet. Sofortüberweisung is a technical procedure through which the online merchant receives immediate payment confirmation. This enables a merchant to deliver goods, services or downloads to the customer immediately after the order.
The operator of Sofortüberweisung is SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany.
If the data subject selects “Sofortüberweisung” as the payment option during the ordering process in our online shop, the data subject’s data is automatically transmitted to Sofortüberweisung. By selecting this payment option, the data subject consents to the transmission of personal data required for payment processing.
When processing a purchase via Sofortüberweisung, the buyer transmits the PIN and TAN to SOFORT GmbH. Sofortüberweisung then carries out a transfer to the online merchant after technically checking the account balance and retrieving additional data to verify sufficient funds. The completion of the financial transaction is then automatically communicated to the online merchant.
The personal data exchanged with Sofortüberweisung includes first name, last name, address, email address, IP address, telephone number, mobile telephone number or other data necessary for payment processing. The purpose of transmitting the data is payment processing and fraud prevention. The controller will also transmit other personal data to Sofortüberweisung if there is a legitimate interest in the transmission. The personal data exchanged between Sofortüberweisung and the controller may be transmitted by Sofortüberweisung to credit reference agencies. The purpose of this transmission is identity and creditworthiness verification.
Sofortüberweisung may disclose personal data to affiliated companies and service providers or subcontractors where this is necessary to fulfil contractual obligations or where the data is to be processed on behalf of Sofortüberweisung.
The data subject has the option of withdrawing consent to the handling of personal data from Sofortüberweisung at any time. Withdrawal does not affect personal data that must necessarily be processed, used or transmitted for contractual payment processing.
The applicable data protection provisions of Sofortüberweisung can be accessed at https://www.sofort.com/ger-DE/datenschutzerklaerung-sofort-gmbh/.
23. Legal Basis for Processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured at our premises and their name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third parties. In that case, the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations may be based on Art. 6 I lit. f GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases where processing is necessary to safeguard the legitimate interests of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override those interests. Such processing operations are permitted in particular because they have been specifically mentioned by the European legislator. The legislator considered that a legitimate interest could be assumed where the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
24. Legitimate Interests in Processing Pursued by the Controller or a Third Party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
25. Duration for Which Personal Data Is Stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data is routinely deleted, provided that it is no longer necessary for contract fulfilment or contract initiation.
26. Legal or Contractual Requirements for the Provision of Personal Data; Necessity for the Conclusion of a Contract; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Failure to Provide the Data
We would like to inform you that the provision of personal data is partly required by law, for example by tax regulations, or may also result from contractual provisions, such as information about the contractual partner. In some cases, it may be necessary for a contract to be concluded for a data subject to provide us with personal data which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will clarify on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of failing to provide the personal data would be.
27. Existence of Automated Decision-Making
As a responsible company, we do not use automated decision-making or profiling.
This Privacy Policy was created using the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, acting as an External Data Protection Officer in Bamberg, in cooperation with IT and data protection lawyer Christian Solmecke.