Privacy Policy
This Privacy Policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter “Data”) in connection with the provision of our services, as well as within our online offering and the associated websites, functions, and content, and external online presences, such as our social media profiles (hereinafter collectively referred to as the “Online Offering”). With regard to the terminology used, such as “processing” or “controller,” we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Controller
Schertz Consulting GbR
Claus Schertz
Zum Rockenhübel 33
66589 Merchweiler
Email address: info(ad)schertz.de
Phone: +49 (0)16099070862
Types of Data Processed
Master data (e.g., personal master data, names, or addresses).
Contact data (e.g., email, phone numbers).
Content data (e.g., text entries, photographs, videos).
Usage data (e.g., visited websites, interest in content, access times).
Meta/communication data (e.g., device information, IP addresses).
Categories of Data Subjects
Visitors and users of the Online Offering (hereinafter we also refer to the data subjects collectively as “Users”).
Purpose of Processing
Provision of the Online Offering, its functions, and content.
Responding to contact inquiries and communicating with Users.
Security measures.
Reach measurement/marketing.
Terminology Used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g., cookie), or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and essentially covers any handling of data.
“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 are not attributed to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location, or movements.
“Controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
Relevant Legal Bases
In accordance with Article 13 GDPR, we inform you about the legal bases for our data processing activities. For users within the scope of the GDPR, i.e., the EU and the EEA, the following applies unless a legal basis is explicitly stated in this Privacy Policy:
The legal basis for obtaining consent is Article 6(1)(a) and Article 7 GDPR;
The legal basis for processing for the performance of our services and the implementation of contractual measures, as well as responding to inquiries, is Article 6(1)(b) GDPR;
The legal basis for processing to fulfil our legal obligations is Article 6(1)(c) GDPR;
Where vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.
The legal basis for processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Article 6(1)(e) GDPR.
The legal basis for processing to safeguard our legitimate interests is Article 6(1)(f) GDPR.
Processing for purposes other than those for which the data were collected is governed by Article 6(4) GDPR.
Processing of special categories of data (pursuant to Article 9(1) GDPR) is governed by Article 9(2) GDPR.
Security Measures
In accordance with the statutory requirements, taking into account the state of the art, implementation costs, and the nature, scope, circumstances, and purposes of processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
These measures include, in particular, safeguarding the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access to the data, input, disclosure, ensuring availability, and segregation. In addition, we have established procedures to ensure the exercise of data subject rights, deletion of data, and response to threats to data. Furthermore, we take the protection of personal data into account already when developing or selecting hardware, software, and processes, in accordance with the principle of data protection by design and by default.
Cooperation with Processors, Joint Controllers, and Third Parties
If, in the course of our processing, we disclose data to other persons or companies (processors, joint controllers, or third parties), transmit data to them, or otherwise grant them access to the data, this will only take place on the basis of a legal permission (e.g., if the transfer of data to third parties, such as payment service providers, is required for contract performance), with user consent, if a legal obligation requires it, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).
If we disclose, transmit, or otherwise grant access to data to other companies within our corporate group, this occurs in particular for administrative purposes as a legitimate interest and, beyond that, on a basis that complies with statutory requirements.
Transfers to Third Countries
If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA), or the Swiss Confederation) or this occurs in the course of using third-party services or disclosing or transferring data to other persons or companies, this will only occur if it is necessary to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation, or on the basis of our legitimate interests. Subject to statutory or contractual permissions, we only process or have data processed in a third country if the legal requirements are met. This means, for example, processing takes place on the basis of specific safeguards, such as an officially recognised decision that an adequate level of data protection exists, or compliance with officially recognised standard contractual obligations.
Rights of Data Subjects
You have the right to request confirmation as to whether data concerning you are being processed, and to access that data as well as further information and a copy of the data in accordance with statutory requirements.
In accordance with statutory requirements, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
In accordance with statutory requirements, you have the right to request that data concerning you be erased without undue delay or, alternatively, to request restriction of processing of the data in accordance with statutory requirements.
You have the right to request that the data concerning you which you have provided to us be received in accordance with statutory requirements and to request its transmission to other controllers.
You also have the right, in accordance with statutory requirements, to lodge a complaint with the competent supervisory authority.
Right of Withdrawal
You have the right to withdraw consents you have given with effect for the future.
Right to Object
You may object to the future processing of data concerning you at any time in accordance with statutory requirements. In particular, the objection may be made against processing for direct marketing purposes.
Cookies and Right to Object to Direct Advertising
“Cookies” are small files stored on users’ computers. Cookies can store various types of information. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie may store, for example, the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are cookies that remain stored even after closing the browser. For example, the login status can be stored if users return after several days. Likewise, such a cookie can store users’ interests used for reach measurement or marketing purposes. “Third-party cookies” are cookies offered by providers other than the controller operating the online offering (otherwise, if they are only that controller’s cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and provide information about this within this Privacy Policy.
If users do not want cookies to be stored on their computers, they are asked to deactivate the relevant option in their browser settings. Stored cookies can be deleted in the browser system settings. Excluding cookies can lead to functional restrictions of this online offering.
A general objection to the use of cookies employed for online marketing purposes can be declared for a variety of services—especially in the case of tracking—via the U.S. website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, cookie storage can be prevented by disabling cookies in the browser settings. Please note that in that case not all functions of this online offering may be available.
Deletion of Data
The data processed by us will be deleted or restricted in processing in accordance with statutory requirements. Unless explicitly stated otherwise in this Privacy Policy, data stored by us will be deleted as soon as it is no longer necessary for its intended purpose and no statutory retention obligations prevent deletion.
If data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
Changes and Updates to this Privacy Policy
We ask you to regularly review the content of our Privacy Policy. We adapt the Privacy Policy as soon as changes to the data processing activities we perform make this necessary. We will inform you as soon as the changes require your cooperation (e.g., consent) or other individual notification.
Business-Related Processing
In addition, we process:
Contract data (e.g., subject matter of the contract, term, customer category).
Payment data (e.g., bank details, payment history)
of our customers, prospects, and business partners for the purpose of providing contractual services, service and customer support, marketing, advertising, and market research.
Order Processing in the Online Shop and Customer Account
We process the data of our customers in connection with ordering processes in our online shop in order to enable them to select and order the selected products and services, as well as to process payment and delivery or performance.
The data processed includes master data, communication data, contract data, payment data; the data subjects are our customers, prospects, and other business partners. Processing takes place for the purpose of providing contractual services in the operation of an online shop, billing, delivery, and customer service. We use session cookies to store the shopping cart contents and persistent cookies to store the login status.
Processing is carried out to fulfil our services and implement contractual measures (e.g., executing ordering processes) and where legally required (e.g., legally required archiving of business transactions for commercial and tax purposes). The information marked as required is necessary to establish and fulfil the contract. We disclose data to third parties only in the context of delivery, payment, statutory permissions and obligations, or where this is based on our legitimate interests, about which we inform you in this Privacy Policy (e.g., to legal and tax advisors, financial institutions, freight companies, and authorities).
Users can optionally create a user account, in particular to view their orders. During registration, the required mandatory information is communicated to users. User accounts are not public and cannot be indexed by search engines. If users terminate their user account, their data relating to the user account will be deleted, subject to retention being necessary for commercial or tax law reasons. Information in the customer account remains until deletion and subsequent archiving in the event of a legal obligation or our legitimate interests (e.g., in the event of legal disputes). It is the responsibility of users to secure their data before the end of the contract after termination.
As part of registration and re-logins as well as use of our online services, we store the IP address and the time of the respective user action. Storage is based on our legitimate interests and the users’ interests in protection against misuse and other unauthorised use. Data is generally not disclosed to third parties unless it is required to pursue our legal claims as a legitimate interest or there is a legal obligation to do so.
Deletion occurs after expiry of statutory warranty and other contractual rights or obligations (e.g., payment claims or performance obligations under contracts with customers), whereby the necessity of retaining data is reviewed every three years; if retention is required due to statutory archiving obligations, deletion takes place after their expiry.
Agency Services
We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services, and training services.
In doing so, we process master data (e.g., customer master data such as names or addresses), contact data (e.g., email, phone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of the contract, term), payment data (e.g., bank details, payment history), usage and meta data (e.g., in the context of evaluating and measuring the success of marketing measures). We generally do not process special categories of personal data unless these are part of commissioned processing. Data subjects include our customers, prospects, as well as their customers, users, website visitors, employees, or third parties. The purpose of processing is the provision of contractual services, billing, and customer support. The legal bases for processing are Article 6(1)(b) GDPR (contractual services), Article 6(1)(f) GDPR (analysis, statistics, optimisation, security measures). We process data required to establish and fulfil the contractual services and point out the necessity of providing it. Disclosure to external parties occurs only if required within the scope of an order. When processing data provided to us as part of an order, we act in accordance with the instructions of the client as well as the statutory requirements of commissioned processing pursuant to Article 28 GDPR and process the data only for the purposes of the order.
We delete data after the expiry of statutory warranty and comparable obligations. The necessity of retaining data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (6 years pursuant to Section 257(1) HGB, 10 years pursuant to Section 147(1) AO). In the case of data disclosed to us by the client as part of an order, we delete the data according to the specifications of the order, generally after completion of the order.
Therapeutic Services and Coaching
We process the data of our clients, prospects, and other clients or contractual partners (collectively referred to as “Clients”) in accordance with Article 6(1)(b) GDPR to provide our contractual or pre-contractual services to them. The data processed, its type, scope, and purpose, as well as the necessity of processing, are determined by the underlying contractual relationship. The data processed generally includes master and core data of clients (e.g., name, address, etc.), contact data (e.g., email address, phone, etc.), contract data (e.g., services used, fees, names of contact persons, etc.), and payment data (e.g., bank details, payment history, etc.).
Within the scope of our services, we may also process special categories of data pursuant to Article 9(1) GDPR, in particular information about the health of clients, potentially with reference to their sex life or sexual orientation, ethnic origin, or religious or philosophical beliefs. Where required, we obtain explicit consent from clients pursuant to Article 6(1)(a), Article 7, and Article 9(2)(a) GDPR and otherwise process special categories of data for purposes of preventive health care on the basis of Article 9(2)(h) GDPR, Section 22(1) No. 1(b) BDSG.
Where necessary for contract performance or required by law, we disclose or transmit clients’ data in the context of communication with other professionals, to third parties typically involved in contract performance, such as billing offices or comparable service providers, provided this serves the provision of our services pursuant to Article 6(1)(b) GDPR, is required by law pursuant to Article 6(1)(c) GDPR, serves our interests or those of the clients in efficient and cost-effective health care as a legitimate interest pursuant to Article 6(1)(f) GDPR, or is necessary pursuant to Article 6(1)(d) GDPR to protect vital interests of clients or another natural person, or on the basis of consent pursuant to Article 6(1)(a) and Article 7 GDPR.
Data is deleted when it is no longer necessary for fulfilling contractual or statutory duties of care and for dealing with any warranty and comparable obligations, whereby the necessity of retaining data is reviewed every three years; otherwise, statutory retention obligations apply.
Contractual Services
We process the data of our contractual partners and prospects, as well as other clients, customers, mandates, clients, or contractual partners (collectively referred to as “Contractual Partners”) in accordance with Article 6(1)(b) GDPR in order to provide our contractual or pre-contractual services to them. The data processed, its type, scope, and purpose, as well as the necessity of processing, are determined by the underlying contractual relationship.
The data processed includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., email addresses and phone numbers), contract data (e.g., services used, contract contents, contractual communication, names of contact persons), and payment data (e.g., bank details, payment history).
We generally do not process special categories of personal data unless these are part of commissioned or contractually agreed processing.
We process data required to establish and fulfil contractual services and point out the necessity of providing it where this is not evident to contractual partners. Disclosure to external persons or companies occurs only if required within the scope of a contract. When processing data provided to us as part of an order, we act in accordance with the instructions of the clients and statutory requirements.
When using our online services, we may store the IP address and the time of the respective user action. Storage is based on our legitimate interests and the users’ interests in protection against misuse and other unauthorised use. Data is generally not disclosed to third parties unless required to pursue our claims pursuant to Article 6(1)(f) GDPR or there is a legal obligation to do so pursuant to Article 6(1)(c) GDPR.
Data is deleted when it is no longer necessary for fulfilling contractual or statutory duties of care and for dealing with any warranty and comparable obligations, whereby the necessity of retaining data is reviewed every three years; otherwise, statutory retention obligations apply.
External Payment Service Providers
We use external payment service providers via whose platforms users and we can carry out payment transactions (e.g., each with a link to the privacy policy: PayPal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)
For contract performance, we use the payment service providers on the basis of Article 6(1)(b) GDPR. Otherwise, we use external payment service providers on the basis of our legitimate interests pursuant to Article 6(1)(f) GDPR in order to provide our users with effective and secure payment options.
The data processed by the payment service providers includes master data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contractual, amount-related, and recipient-related information. This information is required to process the transactions. However, the entered data is only processed and stored by the payment service providers. This means we do not receive any account or credit card-related information, but only information confirming or rejecting payment. In some cases, the payment service providers may transmit the data to credit agencies. This transfer serves identity and creditworthiness checks. Please refer to the T&Cs and privacy notices of the payment service providers.
Payment transactions are subject to the terms and conditions and privacy notices of the respective payment service providers, which can be accessed within their respective websites or transaction applications. We also refer to these for further information and for exercising rights of withdrawal, access, and other data subject rights.
Administration, Financial Accounting, Office Organisation, Contact Management
We process data as part of administrative tasks and the organisation of our business operations, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of providing our contractual services. The legal bases are Article 6(1)(c) GDPR and Article 6(1)(f) GDPR. The processing affects customers, prospects, business partners, and website visitors. The purpose and our interest in processing lie in administration, financial accounting, office organisation, archiving of data—i.e., tasks that serve to maintain our business activities, fulfil our duties, and provide our services. Deletion of data in relation to contractual services and contractual communication corresponds to the information stated for those processing activities.
We disclose or transmit data to the tax authorities, advisors such as tax advisors or auditors, as well as other fee offices and payment service providers.
Furthermore, on the basis of our business interests, we store information about suppliers, organisers, and other business partners, e.g., for later contact. This predominantly business-related data is generally stored on a permanent basis.
Business Analyses and Market Research
In order to operate our business economically and to identify market trends and the wishes of contractual partners and users, we analyse data available to us regarding business transactions, contracts, inquiries, etc. We process master data, communication data, contract data, payment data, usage data, and meta data on the basis of Article 6(1)(f) GDPR. Data subjects include contractual partners, prospects, customers, visitors, and users of our Online Offering.
The analyses are carried out for the purposes of business evaluations, marketing, and market research. We may take into account profiles of registered users with information, e.g., about services they have used. The analyses serve to increase user-friendliness, optimise our offering, and improve profitability. The analyses are for our use only and are not disclosed externally unless they are anonymous analyses with aggregated values.
If these analyses or profiles are personal, they are deleted or anonymised upon termination of the user account; otherwise, they are deleted two years after contract conclusion. In all other respects, general business analyses and trend determinations are created anonymously wherever possible.
Participation in Affiliate Partner Programs
Within our Online Offering, we implement customary tracking measures on the basis of our legitimate interests (i.e., interest in analysis, optimisation, and the economic operation of our Online Offering) pursuant to Article 6(1)(f) GDPR, insofar as these are necessary for operating the affiliate system. Below, we explain the technical background to users.
Services offered by our contractual partners may also be advertised and linked on other websites (so-called affiliate links or after-buy systems, e.g., when links or third-party services are offered after a contract has been concluded). The operators of the respective websites receive a commission if users follow the affiliate links and subsequently use the offers.
In summary, it is necessary for our Online Offering that we can track whether users who are interested in affiliate links and/or the offers available on our site subsequently use those offers as a result of the affiliate links or our platform. For this purpose, affiliate links and our offers are supplemented with certain values that may be part of the link or set elsewhere, e.g., in a cookie. These values include, in particular, the originating website (referrer), time, an online identifier of the website operator on which the affiliate link was located, an online identifier of the respective offer, an online identifier of the user, as well as tracking-specific values such as advertising material ID, partner ID, and categorisations.
The online identifiers we use for users are pseudonymous values. This means the identifiers themselves do not contain personal data such as names or email addresses. They only help us determine whether the same user who clicked an affiliate link or expressed interest in an offer via our Online Offering actually used the offer, e.g., concluded a contract with the provider. However, the identifier is personal data insofar as the partner company and we have the identifier together with other user data. Only then can the partner company inform us whether the respective user used the offer and we can, for example, pay out a bonus.
Amazon Affiliate Program
On the basis of our legitimate interests (i.e., interest in the economic operation of our Online Offering within the meaning of Article 6(1)(f) GDPR), we participate in the partner program of Amazon EU, which is designed to provide a medium for websites through which advertising placements and links to Amazon.de can be used to earn advertising cost reimbursement (so-called affiliate system). This means that as an Amazon partner we earn from qualifying purchases.
Amazon uses cookies to track the origin of orders. Among other things, Amazon can recognise that you clicked the partner link on this website and subsequently purchased a product on Amazon.
Further information on Amazon’s data use and opt-out options can be found in the company’s privacy policy: https://www.amazon.de/gp/help/customer/display.html?nodeId=201909010.
Note: Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or one of its affiliated companies.
Digistore24 Affiliate Program
On the basis of our legitimate interests (i.e., interest in the economic operation of our Online Offering within the meaning of Article 6(1)(f) GDPR), we participate in the partner program of Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Germany, which is designed to provide a medium for websites through which the placement of ads and links to Digistore24 can earn advertising cost reimbursement (so-called affiliate system). Digistore24 uses cookies to track the origin of the contract conclusion. Among other things, Digistore24 can recognise that you clicked the partner link on this website and subsequently concluded a contract with or via Digistore24.
Further information on Digistore24’s data use and opt-out options can be found in the privacy policy: https://www.digistore24.com/page/privacyl.
Privacy Notice for Applications
We process applicants’ data only for the purpose and within the scope of the application process in accordance with statutory requirements. Applicants’ data is processed to fulfil our (pre-)contractual obligations within the scope of the application process within the meaning of Article 6(1)(b) GDPR and Article 6(1)(f) GDPR, insofar as data processing becomes necessary for us, for example, in the context of legal proceedings (in Germany, Section 26 BDSG also applies).
The application process requires applicants to provide us with their application data. The necessary application data—if we offer an online form—will be marked accordingly; otherwise, it results from the job descriptions and generally includes information about the person, postal and contact addresses, and the documents belonging to the application, such as cover letter, CV, and certificates. In addition, applicants may voluntarily provide additional information.
By submitting the application to us, applicants agree to the processing of their data for the purposes of the application process in accordance with the type and scope set out in this Privacy Policy.
If applicants voluntarily provide special categories of personal data within the meaning of Article 9(1) GDPR during the application process, this data is additionally processed pursuant to Article 9(2)(b) GDPR (e.g., health data such as severe disability status or ethnic origin). If special categories of personal data within the meaning of Article 9(1) GDPR are requested from applicants during the application process, processing is additionally based on Article 9(2)(a) GDPR (e.g., health data if required for professional practice).
If provided, applicants can submit their applications via an online form on our website. Data is transmitted to us in encrypted form in accordance with the state of the art.
Applicants can also submit their applications via email. However, please note that emails are generally not sent in encrypted form and applicants themselves are responsible for encryption. We therefore cannot assume responsibility for the transmission path between the sender and receipt on our server and recommend using an online form or postal delivery instead. In addition to applying via the online form and email, applicants may also send their application by post.
Data provided by applicants may be further processed for the purposes of the employment relationship in the event of a successful application. Otherwise, if the application for a job posting is unsuccessful, applicants’ data will be deleted. Applicants’ data will also be deleted if an application is withdrawn, which applicants may do at any time.
Deletion takes place—subject to a justified objection by applicants—after a period of six months, so that we can answer any follow-up questions regarding the application and meet our obligations under equal treatment law. Invoices for travel expense reimbursements are archived in accordance with tax law requirements.
Registration Function
Users can create a user account. During registration, the required mandatory information is communicated to users and processed on the basis of Article 6(1)(b) GDPR for the purpose of providing the user account. The data processed includes, in particular, login information (name, password, and an email address). The data entered during registration is used for the purpose of using and administering the user account.
Users may be informed by email about information relevant to their user account, such as technical changes. If users terminate their user account, their data relating to the user account will be deleted, subject to statutory retention obligations. It is the responsibility of users to secure their data before the end of the contract after termination. We are entitled to irretrievably delete all data stored by the user during the term of the contract.
When using our registration and login functions and the user account, we store the IP address and the time of the respective user action. Storage is based on our legitimate interests and the users’ interests in protection against misuse and other unauthorised use. Data is generally not disclosed to third parties unless required to pursue our claims or there is a legal obligation pursuant to Article 6(1)(c) GDPR. IP addresses are anonymised or deleted no later than after 7 days.
Contact
When contacting us (e.g., via contact form, email, phone, or social media), the user’s information is processed to handle the contact inquiry and its processing pursuant to Article 6(1)(b) GDPR (within the scope of contractual/pre-contractual relationships) and Article 6(1)(f) GDPR (other inquiries). The users’ information may be stored in a customer relationship management system (“CRM system”) or comparable inquiry management system.
We delete inquiries if they are no longer required. We review the necessity every two years; statutory archiving obligations also apply.
Newsletter
With the following information, we inform you about the content of our newsletter, the subscription procedure, sending and statistical evaluation procedures, as well as your rights to object. By subscribing to our newsletter, you agree to receive it and to the procedures described.
Newsletter content: We send newsletters, emails, and other electronic notifications with promotional information (hereinafter “Newsletter”) only with recipients’ consent or a statutory permission. If the content of the newsletter is specifically described during subscription, it is decisive for the consent. Otherwise, our newsletters contain information about our services and our company.
Double opt-in and logging: Subscription to our newsletter takes place via a double opt-in procedure. This means you will receive an email after signing up in which you are asked to confirm your subscription. This confirmation is necessary so that no one can register with someone else’s email address. Newsletter sign-ups are logged in order to be able to prove the sign-up process in accordance with legal requirements. This includes storing the time of sign-up and confirmation as well as the IP address. Changes to your data stored with the mailing service provider are also logged.
Subscription data: To subscribe to the newsletter, it is sufficient to provide your email address. Optionally, we ask for your name for personal address in the newsletter.
Sending the newsletter and the associated performance measurement is carried out on the basis of recipients’ consent pursuant to Article 6(1)(a), Article 7 GDPR in conjunction with Section 7(2) No. 3 UWG, or—if consent is not required—on the basis of our legitimate interests in direct marketing pursuant to Article 6(1)(f) GDPR in conjunction with Section 7(3) UWG.
Logging of the subscription procedure is carried out on the basis of our legitimate interests pursuant to Article 6(1)(f) GDPR. Our interest is directed toward using a user-friendly and secure newsletter system that serves our business interests as well as users’ expectations and also enables us to provide proof of consents.
Cancellation/withdrawal: You can cancel receipt of our newsletter at any time, i.e., withdraw your consent. A link to unsubscribe can be found at the end of each newsletter. We may store unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them, in order to prove a previously given consent. Processing of this data is limited to the purpose of possible defence against claims. An individual deletion request is possible at any time, provided the former existence of consent is confirmed.
Newsletter – Mailing Service Provider
The newsletter is sent via the mailing service provider [NAME, ADDRESS, COUNTRY]. You can view the mailing service provider’s privacy policy here: [LINK TO THE PRIVACY POLICY]. The mailing service provider is used on the basis of our legitimate interests pursuant to Article 6(1)(f) GDPR and a data processing agreement pursuant to Article 28(3) sentence 1 GDPR.
The mailing service provider may use recipients’ data in pseudonymised form, i.e., without attribution to a specific user, to optimise or improve its own services, e.g., for technical optimisation of the sending and presentation of newsletters or for statistical purposes. However, the mailing service provider does not use the data of our newsletter recipients to contact them directly or to pass the data on to third parties.
Newsletter – Performance Measurement
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 its server. As part of this retrieval, technical information is collected first, such as information about the browser and your system, as well as your IP address and the time of retrieval.
This information is used to technically improve services based on technical data, or to evaluate target groups and their reading behaviour based on retrieval locations (which can be determined with the help of the IP address) or access times. The statistical evaluations 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—the intention of the mailing service provider to monitor individual users. The evaluations serve us much more to understand our users’ reading habits and to tailor our content to them or to send different content according to users’ interests.
A separate withdrawal of consent for performance measurement is unfortunately not possible; in this case, the entire newsletter subscription must be cancelled.
Hosting and Email Sending
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email sending, security services, and technical maintenance services, which we use for the purpose of operating this Online Offering.
In this context, we or our hosting provider process master data, contact data, content data, contract data, usage data, meta and communication data of customers, prospects, and visitors to this Online Offering on the basis of our legitimate interests in the efficient and secure provision of this Online Offering pursuant to Article 6(1)(f) GDPR in conjunction with Article 28 GDPR (conclusion of a data processing agreement).
Collection of Access Data and Log Files
We, or our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Article 6(1)(f) GDPR. The access data includes the name of the accessed website, file, date and time of access, data volume transferred, message about successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address, and the requesting provider.
Log file information is stored for security reasons (e.g., to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data that must be retained for evidentiary purposes is exempt from deletion until the incident has been finally clarified.
Google Analytics
On the basis of our legitimate interests (i.e., interest in analysis, optimisation, and the economic operation of our Online Offering within the meaning of Article 6(1)(f) GDPR), we use Google Analytics, a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about users’ use of the Online Offering is generally transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Framework and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate users’ use of our Online Offering, compile reports on activities within this Online Offering, and provide us with further services related to the use of this Online Offering and internet use. Pseudonymous user profiles may be created from the processed data.
We use Google Analytics only with IP anonymisation enabled. This means users’ IP addresses are shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not combined with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the Online Offering by Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Further information about Google’s use of data, settings and objection options can be found in Google’s privacy policy (https://policies.google.com/privacy) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
Users’ personal data is deleted or anonymised after 14 months.
Google AdSense with Personalised Ads
On the basis of our legitimate interests (i.e., interest in analysis, optimisation, and the economic operation of our Online Offering within the meaning of Article 6(1)(f) GDPR), we use services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
Google is certified under the Privacy Shield Framework and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the AdSense service, which allows ads to be displayed on our website and enables us to receive remuneration for their display or other use. For these purposes, usage data such as clicks on ads and users’ IP addresses are processed, with the IP address truncated by the last two digits. Processing of users’ data is therefore pseudonymised.
We use AdSense with personalised ads. Based on users’ visits to websites or apps used and the resulting user profiles, Google draws conclusions about users’ interests. Advertisers use this information to tailor their campaigns to these interests, which benefits both users and advertisers. For Google, ads are personalised when collected or known data determine or influence ad selection. This includes, among other things, previous search queries, activities, website visits, app usage, demographic and location information. Specifically, this includes: demographic targeting, targeting by interest categories, remarketing, and targeting to customer match lists and audience lists uploaded to DoubleClick Bid Manager or Campaign Manager.
Further information about Google’s use of data, settings and objection options can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
Facebook Pixel, Custom Audiences, and Facebook Conversion
Within our Online Offering, based on our legitimate interests in analysis, optimisation, and the economic operation of our Online Offering and for these purposes, we use the so-called “Facebook Pixel” of the social network Facebook, 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”).
Facebook is certified under the Privacy Shield Framework and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
With the help of the Facebook Pixel, Facebook is able, on the one hand, to determine the visitors of our Online Offering as a target group for the display of ads (so-called “Facebook Ads”). Accordingly, we use the Facebook Pixel to show our Facebook Ads only to those Facebook users who have shown an interest in our Online Offering or who have certain characteristics (e.g., interests in certain topics or products determined by 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 users’ potential interest and do not appear annoying. With the help of the Facebook Pixel, we can also track the effectiveness of Facebook advertising for statistical and market research purposes by seeing whether users were redirected to our website after clicking a Facebook ad (so-called “Conversion”).
Facebook processes data in accordance with Facebook’s Data Policy. Accordingly, general information about the display of Facebook Ads can be found in Facebook’s Data Policy: https://www.facebook.com/policy. Specific information and details about the Facebook Pixel and how it works can be found in Facebook’s Help Center: https://www.facebook.com/business/help/651294705016616.
You can object to collection by the Facebook Pixel and use of your data for the display of Facebook Ads. To set profiling-based advertising preferences within Facebook, you can visit the page set up by Facebook and follow the instructions on settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, meaning they apply to all devices such as desktop computers and mobile devices.
You can also object to the use of cookies for reach measurement and advertising purposes via the opt-out page of the Network Advertising Initiative (http://optout.networkadvertising.org/) as well as the U.S. website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
Created with Datenschutz-Generator.de by attorney Dr. Thomas Schwenke
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