Terms and Conditions
General Terms and Conditions
General Terms and Conditions and Customer Information
Table of Contents:
A. General Terms and Conditions
1. Scope
2. Conclusion of Contract
3. Return Costs when Exercising the Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Conditions
6. Liability for Defects
7. Applicable law
B. Customer information
1. Information on the identity of the seller
2. Information on the essential characteristics of the goods or services
3. Information on the conclusion of the contract
4. Information on payment and delivery
5. Information on the technical steps leading to the conclusion of the contract
6. Information on the storage of the contract text
7. Information on the technical means for detecting and correcting input errors
8. Information on the languages available for the conclusion of the contract
A. General Terms and Conditions
1. Scope
1.1. These terms and conditions of ‘Zofia Behnert’ (hereinafter referred to as “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as ‘Customer’) concludes with the Seller with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or self-employed professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2. Conclusion of contract
2.1. The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2. The customer can submit the offer in writing using the online order form integrated into the seller's online shop. When placing an order using the online order form, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket after entering their personal data and clicking the ‘Submit order’ button in the final step of the ordering process.
2.3. The seller can accept the customer's offer by means of a written (letter) or electronically transmitted (fax or email) order confirmation or by delivering the goods within five days. The seller is entitled to refuse to accept the order.
2.4. Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Return costs when exercising the right of withdrawal
If the customer has a right of withdrawal, they shall bear the regular costs of the return shipment when exercising their right of withdrawal if the price of the item to be returned does not exceed 40 euros or, in the case of a higher price, if the customer has not yet provided the consideration or made a partial payment at the time of withdrawal, unless the goods delivered do not correspond to those ordered. In all other cases, the seller shall bear the costs of the return shipment.
4. Prices and terms of payment
4.1. The prices quoted by the seller are final prices and include statutory value added tax. Any additional delivery and shipping costs shall be indicated separately in the respective product description in the offer.
4.2. For deliveries within Europe, the seller offers the following payment options, unless otherwise specified in the respective product description in the offer:
· Prepayment by bank transfer
· PayPal / also possible as card payment
4.3. If shipping abroad is also offered for the respective item, the customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product description in the offer:
· Prepayment by bank transfer
· PayPal / also possible as card payment
4.4. For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
4.5. Payments are due immediately after conclusion of the contract.
4.6. If the credit card payment method is selected, the customer's credit card account will be charged immediately after acceptance by the seller in accordance with section 2.3 of the seller's General Terms and Conditions (see above).
5. Delivery and shipping conditions
5.1. Goods are regularly delivered by post to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment.
This does not apply if the customer exercises their right of withdrawal by refusing acceptance, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the service offered, unless the seller had given them reasonable advance notice of the service.
6. Liability for defects
The statutory liability for defects applies.
7. Applicable law
7.1. Spanish law applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
7.2. The contract language is determined by the customer upon conclusion of the contract. Possible and installed languages are German, English and Spanish.
B. Customer information
1. Information on the identity of the seller
Zofia Behnert
Beautyworld
C/ Zamora n° 5 / planta 1
E-29670 San Pedro de Alcántara / Málaga
Spain
Telephone: +34 952 78 23 95
Email address: beautyworld@gmx.com
2. Information on the essential characteristics of the goods or services
The essential characteristics of the goods or services are set out in the respective product description provided by the seller.
3. Information on the conclusion of the contract
The contract is concluded in accordance with Section 2 of the seller's General Terms and Conditions (see above).
4. Information on payment and delivery
Payment is made in accordance with Section 4, delivery in accordance with Section 5 of the seller's General Terms and Conditions (see above).
5. Information on the technical steps leading to the conclusion of the contract
The contract is concluded by offer and acceptance.
5.1. If the customer uses the seller's online order form to place their order, they submit their offer as follows:
5.1.1. On the seller's product page, the customer first clicks on the ‘Add to basket’ button. A new page then opens, displaying the contents of the shopping basket.
5.1.2. Now, either directly or after adding further goods to the virtual shopping basket, the customer clicks on the ‘Checkout’ button in the second step. If the customer has not yet registered and logged in, a new page opens. On this page, the customer must either register and open a customer account or log in if they are already registered as a customer.
If they are already registered as a customer, they fill in the ‘Email address’ and ‘Password’ fields and then click on the ‘Log in’ button. If they are not yet registered as a customer, they click on the ‘Continue’ button. They then fill out the form and click on the “Continue” button. The customer then clicks on the ‘Checkout’ button. A new page will then open, displaying the billing address and delivery address and allowing the customer to edit the addresses or add further addresses. The customer can also select the shipping method.
5.1.3. Now, either directly or after editing or adding addresses, the customer clicks on the ‘Continue’ button in the third step.
5.1.4. A new page will open, on which the customer can select their desired payment method by clicking on it in the fourth step.
5.1.5. In the fifth step, the customer clicks on the ‘Continue’ button. A new page will then open, summarising the order details.
5.1.6. In the seventh step, the customer clicks on ‘Submit order’.
5.2. Acceptance by the seller takes place in accordance with section 2.3 of the seller's General Terms and Conditions (see above).
6. Information on the storage of the contract text
The contract text is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has submitted their order, together with these General Terms and Conditions and customer information.
In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending their order.
7. Information about the technical means for recognising and correcting input errors
Before placing a binding order, the customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is placed and can also be corrected there using the usual keyboard and mouse functions.
8. Information about the languages available for concluding the contract
German, English, Spanish
DATA PROTECTION
Privacy Policy
We are delighted that you are interested in our company. Data protection is a particularly high priority for the management of Beautyworld Marbella. It is generally possible to use the Beautyworld Marbella website without providing any personal data. However, if a data subject wishes to make use of special services offered by our company via our website, it may be necessary to process personal data. 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 regulations applicable to Beautyworld Marbella. 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 their rights.
As the controller, Beautyworld Marbella has implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, internet-based data transmissions can generally have security gaps, so 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
Beautyworld Marbella's privacy policy is based on the terminology used by the European legislator in the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms in this privacy policy, among others:
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a) Personal data Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as ‘data subject’). A natural person is considered identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
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b) Data subjectA data subject is any identified or identifiable natural person whose personal data is processed by the controller.
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c) ProcessingProcessing 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, distribution or other forms of provision, alignment or combination, restriction, erasure or destruction.
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d) Restriction of processingRestriction of processing means the marking of stored personal data with the aim of limiting their future processing.
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e) ProfilingProfiling is any form of automated processing of personal data consisting of the use of such 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.
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f) PseudonymisationPseudonymisation is 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.
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g) Controller or processorThe controller or processor 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 or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
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h) ProcessorThe processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
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i) RecipientA recipient is a natural or legal person, public authority, agency or another body to which personal data are 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 or Member State law shall not be regarded as recipients.
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j) Third partyA third party is a natural or legal person, public authority, agency or another body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
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k) Consent means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
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 of a data protection nature is:
Beautyworld Marbella
C/ Zamora 5
29670 San Pedro de Alcántara (Málaga)
Spain
Tel.: 952 782 395
Email: beautyworld@gmx.com
Website: www.beautyworld-marbella.com
3. Cookies
The Beautyworld Marbella website uses 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 for the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.
By using cookies, Beautyworld Marbella can provide users of this website with more user-friendly services that would not be possible without the use of cookies.
Cookies enable us to optimise the information and offers on our website for the benefit of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, users of a website that uses cookies do not have to re-enter their access data each time they visit the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie for a shopping basket in an online shop. The online shop uses a cookie to remember the items that a customer has placed in their virtual shopping basket.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus 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 programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The Beautyworld Marbella website collects a range 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 recorded: (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 that are 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 that serves to avert danger in the event of attacks on our information technology systems.
When using this general data and information, Beautyworld Marbella does not draw any conclusions about the data subject. Rather, this information is required in order 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 cyber attack. This anonymously collected data and information is therefore evaluated by Beautyworld Marbella on the one hand statistically and on the other hand with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.
5. Contact option via the website
Due to legal requirements, the Beautyworld Marbella website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller is stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
6. Routine deletion and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or as 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 will be routinely blocked or deleted in accordance with the statutory provisions.
7. Rights of the data subject
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a) Right to confirmation Every data subject has the right granted by the European Directive and Regulation to request 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.
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b) Right to information Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, free of charge, information about the personal data stored about them and a copy of this information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:< >the purposes of the processing the categories of personal data being processed 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 if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing the existence of a right to lodge a complaint with a supervisory authority if the personal data are not collected from the data subject: All available information on the origin of the data; the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject; c) Right to rectification Every data subject whose personal data is being processed has the right, granted by the European legislator, to obtain the rectification of inaccurate personal data concerning them without undue delay. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing, including by means of a supplementary statement. If a data subject wishes to exercise this right of rectification, they may contact an employee of the controller at any time.
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d) Right to erasure (right to be forgotten) Any person affected by the processing of personal data has the right, granted by the European legislator, to request the controller to erase personal data concerning them without undue delay, provided that 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 in accordance with Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing. The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the 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 in accordance with Art. 8(1) GDPR. e) Right to restriction of processing Any data subject whose personal data is being processed has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following 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 their use instead. The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the establishment, exercise or defence of legal claims. The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject. f) Right to data portability Every data subject 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 this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out using automated procedures, 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(1) GDPR, the data subject has the right to have the 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 assert their right to data portability, the data subject may contact a Beautyworld Marbella employee at any time.
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g) Right to object Every data subject 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 the processing of personal data concerning them which is based on Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions. Beautyworld Marbella will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims. If Beautyworld Marbella processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Beautyworld Marbella processing their personal data for direct marketing purposes, Beautyworld Marbella will no longer process the personal data for these purposes. In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them carried out by Beautyworld Marbella for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. To exercise the right to object, the data subject may contact any employee of Beautyworld Marbella or another employee directly. The data subject is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
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h) Automated individual decision-making, including profiling Every data subject 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 him or her or similarly significantly affects him or her, unless the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is 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, Beautyworld Marbella shall implement appropriate 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 assert rights in relation to automated decisions, they may contact an employee of the controller at any time.
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i) Right to withdraw consent to data protection Each 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.
8. Data protection provisions on the use of Facebook
The controller has integrated components of the Facebook company into this website. Facebook is a social network.
A social network is a social meeting place operated on the Internet, an online community that generally allows users to communicate with each other and interact in a 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 allows users of the social network to create private profiles, upload photos and network via friend requests, among other things.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller responsible for processing personal data 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, on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the data subject 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 plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook receives information about which specific subpage of our website is visited by the data subject.
If the data subject is logged into Facebook at the same time, Facebook recognises which specific subpage of our website the data subject is visiting each time the data subject accesses our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, for example the ‘Like’ button, or if the data subject posts a comment, Facebook assigns this information to the data subject's personal Facebook user account and stores this personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged into Facebook at the same time as visiting our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, they can prevent the transmission by logging out of their Facebook account before visiting our website.
The data policy published by Facebook, which is 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 offers to protect the privacy of the data subject. In addition, various applications are available that allow data transmission to Facebook to be suppressed. Such applications can be used by the data subject to suppress data transmission to Facebook.
9. Data protection provisions on the use of Google Analytics (with anonymisation function)
The controller has integrated the Google Analytics component (with anonymisation function) into this website. Google Analytics is a web analytics service. Web analytics is 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 to a website from (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. Web analytics is mainly used to optimise a website and to analyse the cost-benefit ratio of internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the addition ‘_gat._anonymizeIp’ for web analysis via Google Analytics. This addition is used by Google to shorten and anonymise the IP address of the data subject's Internet connection when accessing our website from a Member State of the European Union or from another State party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse visitor traffic on our website. Google uses the data and information obtained to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.
Google Analytics places a cookie on the information technology system of the data subject. What cookies are has already been explained above. By placing the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently enable commission settlements.
The cookie is used to store personal information, such as the access time, the location from which access originated and the frequency of visits to our website by the data subject. Each time our website is 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 pass on this personal data collected via the technical process to third parties.
The data subject can prevent the setting of cookies by our website at any time, as described above, by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the data subject's information technology system. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programmes.
Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by Google Analytics relating to the use of this website and the processing of this data by Google. To do this, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information relating to visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If the data subject's information technology system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of control, it is possible to reinstall or reactivate the browser add-on.
Further information and Google's applicable data protection regulations can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link: https://www.google.com/intl/de_de/analytics/.
10. Data protection provisions on the use of Jetpack for WordPress
The controller has integrated Jetpack into this website. Jetpack is a WordPress plug-in that offers additional functions to the operator of a website based on WordPress. Among other things, Jetpack allows the website operator to view an overview of the visitors to the site. By displaying related posts and publications or offering the option to share content on the site, it is also possible to increase visitor numbers. Security functions are also integrated into Jetpack, so that websites using Jetpack are better protected against brute force attacks. Jetpack also optimises and accelerates the loading of images integrated into the website.
The operating company of the Jetpack plug-in for WordPress is Automattic Inc., 132 Hawthorne Street, San Francisco, CA 94107, USA. The operating company uses the tracking technology of Quantcast Inc., 201 Third Street, San Francisco, CA 94103, USA.
Jetpack places a cookie on the information technology system of the data subject. What cookies are has already been explained above. Each time one of the individual pages of this website, which is operated by the controller and on which a Jetpack component has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Jetpack component to transmit data to Automattic for analysis purposes. As part of this technical process, Automattic obtains data that is subsequently used to create an overview of website visits. The data obtained in this way is used to analyse the behaviour of the data subject who has accessed the website of the controller and is evaluated with the aim of optimising the website. The data collected via the Jetpack component will not be used to identify the data subject without first obtaining the data subject's separate express consent. The data is also made available to Quantcast. Quantcast uses the data for the same purposes as Automattic.
As already explained above, the data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting in the Internet browser used would also prevent Automattic/Quantcast from setting a cookie on the data subject's information technology system. In addition, cookies already set by Automattic can be deleted at any time via the internet browser or other software programmes.
Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by the Jetpack cookie relating to the use of this website and the processing of this data by Automattic/Quantcast. To do this, the data subject must click on the opt-out button at https://www.quantcast.com/opt-out/, which sets an opt-out cookie. The opt-out cookie set with the objection is stored on the information technology system used by the data subject. If the cookies are deleted from the data subject's system after an objection, the data subject must visit the link again and set a new opt-out cookie.
However, setting the opt-out cookie may mean that the data subject can no longer use the data controller's websites to their full extent.
Automattic's applicable data protection provisions are available at https://automattic.com/privacy/. Quantcast's applicable data protection provisions are available at https://www.quantcast.com/privacy/.
11. Data protection provisions on the use of Twitter
The controller has integrated components from Twitter on this website. Twitter is a multilingual, publicly accessible microblogging service on which users can 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. However, the tweets are also displayed to the respective user's followers. Followers are other Twitter users who follow a user's tweets. Twitter also allows a broad audience to be addressed via hashtags, links or retweets.
The operating company 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, which is operated by the controller and on which a Twitter component (Twitter button) has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Twitter component to download a representation of the corresponding Twitter component from Twitter. Further information on Twitter buttons is available at https://about.twitter.com/de/resources/buttons. As part of this technical process, Twitter receives information about 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 share the content of this website, to make this website known in the digital world and to increase our visitor numbers.
If the data subject is logged into Twitter at the same time, Twitter recognises which specific subpage of our website the data subject visits each time the data subject accesses our website and for the entire duration of their stay on our website. This information is collected by the Twitter component and assigned by Twitter to the data subject's respective Twitter account. If the data subject clicks on one of the Twitter buttons integrated into our website, the data and information transmitted will be assigned to the data subject's personal Twitter user account and stored and processed by Twitter.
Twitter always receives information via the Twitter component that the data subject has visited our website if the data subject is logged into Twitter at the same time as visiting our website; This happens regardless of whether the data subject clicks on the Twitter component or not. If the data subject does not want this information to be transmitted to Twitter, they can prevent the transmission by logging out of their Twitter account before visiting our website.
Twitter's applicable data protection provisions are available at https://twitter.com/privacy?lang=de.
12. Legal basis for processing
Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations in 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 party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for 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 to our premises were injured and his name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6 I lit. d GDPR.
Ultimately, processing operations could 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 if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 of the GDPR).
13. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and our shareholders.
14. Duration for which personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment or initiation of a contract.
15. 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 non-provision
We would like to point out that the provision of personal data is in some cases required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner).
In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide 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 explain to the data subject on a case-by-case basis whether the provision of 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 not providing the personal data would be.
16. Existence of automated decision-making
As a responsible company, we refrain from automatic decision-making or profiling.
This privacy policy was created by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as a data protection officer, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.
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