Datenschutz
This privacy policy explains the nature, scope, and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (hereinafter jointly referred to as the "online offering"). With regard to the terms used, such as "processing" or "controller," we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible
AJWirth Services UG (limited liability)
Managing Director Andreas Wirth
Main Street 28/1
74354 Besigheim
Types of data processed:
- Inventory data (e.g. names, addresses)
- Contact details (e.g. email, telephone numbers)
- Content data (e.g. text entries, photographs, videos)
- Usage data (e.g. websites visited, interest in content, access times)
- Meta/communication data (e.g. device information, IP addresses)
Categories of data subjects
Visitors and users of the online offer (hereinafter we refer to the data subjects collectively as “users”).
Purpose of processing
- To provide the online service, its functions and contents
- Answering contact requests and communicating with users
- Security measures
- Reach measurement/marketing
Terms used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a 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 or on sets of personal data, whether or not by automated means. The term is broad and covers virtually all data handling.
The “controller” is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you of the legal basis for our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well as to answer inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
Cooperation with processors and third parties
If, as part of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if transmission of the data to third parties, such as payment service providers, is necessary to fulfil the contract in accordance with Art. 6 (1) (b) GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or the disclosure or transmission of data to third parties, this will only occur if it is necessary to fulfill 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 legal or contractual permissions, we will only process or have data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
According to Art. 16 GDPR, you have the right to request the completion of the data concerning you or the correction of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR.
You have the right to request that we receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
Furthermore, pursuant to Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke consent given in accordance with Art. 7 (3) GDPR with effect for the future.
Right of objection
You may object to the future processing of your data at any time in accordance with Art. 21 GDPR. In particular, you may object to processing for direct marketing purposes.
Cookies and right to object to direct advertising
“Cookies” are small files that are stored on users’ computers. Different types of information can be saved within cookies. A cookie is primarily used to save information about a user (or the device on which the cookie is saved) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are cookies that remain saved even after the browser is closed. For example, the login status can be saved if the user visits the site several days later. Likewise, the interests of users can be stored in such a cookie and used for reach measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the controller who operates the online service (otherwise, if they are only their cookies, they are referred to as "first-party cookies").
We may use temporary and permanent cookies and explain this in our privacy policy.
If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Excluding cookies may result in functional limitations of this online service.
A general objection to the use of cookies used for online marketing purposes can be declared for a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ Furthermore, cookies can be blocked by deactivating them in the browser settings. Please note that in this case, not all functions of this website may be available.
Deletion of data
The data we process will be deleted or restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that 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.
According to legal requirements in Germany, records are retained for 6 years in accordance with Section 257 (1) of the German Commercial Code (HGB) (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 (1) of the German Fiscal Code (AO) (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with Section 132 Paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.
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)
from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Hosting
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offering.
We, or rather our hosting provider, process inventory data, contact data, content data, contract data, usage data, metadata, and communication data of customers, interested parties, and visitors to this online offering based on our legitimate interests in the efficient and secure provision of this online offering in accordance with Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (conclusion of a contract processing agreement). We refer in particular to the privacy policy of https://www.smoobu.com/datenschutz/, which is an integral part of this privacy policy.
Collection of access data and log files
Based on our legitimate interests pursuant to Art. 6 (1) (f) GDPR, we, or rather our hosting provider, collect data about every access to the server on which this service is located (so-called server log files). This access data includes the name of the accessed website, the file, the date and time of access, the amount of data transferred, the notification of successful access, the browser type and version, the user's operating system, the referrer URL (the previously visited page), the 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 needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally resolved.
Provision of contractual services
We process inventory data (e.g., names and addresses as well as contact details of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and providing services in accordance with Art. 6 (1) (b) GDPR. Entries marked as mandatory in online forms are required for the conclusion of the contract.
When you use our online services, we store the IP address and the time of each user action. This storage is based on our legitimate interests, as well as the user's interest in protecting against misuse and other unauthorized use. This data will generally not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 (1) (c) GDPR.
We process usage data (e.g. the websites visited on our website, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile in order to display product information to the user based on the services they have previously used.
Data will be deleted after the expiration of statutory warranty and similar obligations. The necessity of retaining the data will be reviewed every three years. In the case of statutory archiving obligations, data will be deleted after these expiration dates. Information in any customer account will remain until it is deleted.
Registration function
Users can optionally create a user account. During registration, the required mandatory information is communicated to users. The data entered during registration is used for the purposes of using the service. Users can be informed by email about information relevant to the service or registration, such as changes to the scope of the service or technical circumstances. If users cancel their user account, their data will be deleted with regard to the user account, unless their retention is necessary for commercial or tax law reasons in accordance with Art. 6 (1) (c) GDPR. It is the user's responsibility to back up their data before the end of the contract if the contract is terminated. We are entitled to irretrievably delete all user data stored during the term of the contract. When using our registration and login functions as well as when using the user account, we save the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as the user's interest in protection against misuse and other unauthorized use. This data will generally not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 (1) (c) GDPR. IP addresses will be anonymized or deleted after 7 days at the latest.
Google Analytics
Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use Google Analytics, a web analysis service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offering by users is usually transferred to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Framework, thus guaranteeing compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website, and to provide us with other services related to the use of this website and internet usage. Pseudonymous user profiles may be created from the processed data.
We only use Google Analytics with activated IP anonymization. This means that the user's IP address will be shortened by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user's browser will not be merged with other data held by Google. Users can prevent cookies from being saved by selecting the appropriate settings in their browser software; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the website, as well as from processing this data, by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Further information on data usage by Google, settings and objection options can be found on the Google websites: https://www.google.com/intl/de/policies/privacy/partners (“How Google uses data when you use our partners’ websites or apps”), http://www.google.com/policies/technologies/ads (“How Google uses data for advertising purposes”), http://www.google.de/settings/ads (“Manage information that Google uses to show you ads”).
Google-Re/Marketing-Services
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use the marketing and remarketing services (shortly “Google Marketing Services”) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google Marketing Services allow us to display advertisements for and on our website more specifically, so that users only see ads that potentially match their interests. If, for example, a user is shown ads for products they were interested in on other websites, this is referred to as "remarketing." For these purposes, when you visit our website and other websites on which Google Marketing Services are active, Google immediately executes a code from Google and so-called (re)marketing tags (invisible graphics or code, also known as "web beacons") are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (similar technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com, or googleadservices.com. This file records which websites the user has visited, which content they are interested in and which offers they have clicked on, as well as technical information about the browser and operating system, referring websites, time of visit and other information about the use of the online service. The user's IP address is also recorded. Within the framework of Google Analytics, we inform you that the IP address is shortened within member states of the European Union or in other contracting states to the Agreement on the European Economic Area and only in exceptional cases is it transmitted in full to a Google server in the USA and shortened there. The IP address is not merged with user data within other Google offerings. Google may also combine the above-mentioned information with information from other sources. If the user subsequently visits other websites, advertisements tailored to their interests can be displayed.
User data is processed pseudonymously within the framework of Google Marketing Services. This means that Google does not store and process the user's name or email address, for example, but processes the relevant data cookie-related within pseudonymous user profiles. This means that from Google's perspective, the ads are not managed and displayed for a specifically identified person, but for the cookie owner, regardless of who this cookie owner is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymization. The information collected about users by Google Marketing Services is transmitted to Google and stored on Google's servers in the USA.
The Google marketing services we use include the online advertising program "Google AdWords." With Google AdWords, each AdWords customer receives a different "conversion cookie." Cookies cannot be tracked across AdWords customers' websites. The information collected with the help of the cookie is used to compile conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
We may integrate third-party advertisements based on the Google AdSense marketing service. AdSense uses cookies to enable Google and its partner websites to serve ads based on users' visits to this website and other websites on the Internet.
We may also use the "Google Tag Manager" to integrate and manage Google analytics and marketing services on our website.
For more information about Google's use of data for marketing purposes, please see the overview page: https://www.google.com/policies/technologies/ads, and Google's privacy policy is available at https://www.google.com/policies/privacy.
If you wish to object to interest-based advertising through Google Marketing Services, you can use the settings and opt-out options provided by Google: http://www.google.com/ads/preferences.
Facebook-Pixel, Custom Audiences und Facebook-Conversion
Within our online offering, the so-called "Facebook Pixel" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used due to our legitimate interests in the analysis, optimization and economic operation of our online offering and for these purposes.
Facebook is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active). With the help of the Facebook pixel, Facebook is able to define visitors to our online offering as a target group for displaying advertisements (so-called "Facebook Ads"). Accordingly, we use the Facebook pixel to display the Facebook ads we place only to those Facebook users who have also shown an interest in our online offering or who have certain characteristics (e.g., interests in certain topics or products determined based on the websites visited) that we transmit to Facebook (so-called "Custom Audiences").
With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interests of users and are not annoying. The Facebook pixel also allows us to track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion").
Facebook processes data in accordance with Facebook's data usage guidelines. Accordingly, general information on the display of Facebook ads can be found in Facebook's data usage guidelines: https://www.facebook.com/policy.php. Specific information and details on the Facebook pixel and how it works can be found in the Facebook help section: https://www.facebook.com/business/help/651294705016616. You can object to the collection of data by the Facebook pixel and the use of your data to display Facebook ads. To set the types of ads displayed to you within Facebook, you can visit the page set up by Facebook and follow the instructions on the usage-based advertising settings there: https://www.facebook.com/settings?tab=ads.
The settings are platform-independent, meaning they are applied to all devices, such as desktop computers and mobile devices. You can also opt out of the use of cookies used for reach measurement and advertising purposes via the Network Advertising Initiative's opt-out page (http://optout.networkadvertising.org/), the US website (http://www.aboutads.info/choices), or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
Online presence in social media
We maintain online presences within social networks and platforms to communicate with customers, interested parties, and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our privacy policy, we process users' data if they communicate with us within the social networks and platforms, e.g. by writing posts on our online presence or sending us messages.
Integration of third-party services and content
Within our online offering, we use content or service offerings from third parties on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR) in order to integrate their content and services, such as videos or fonts (hereinafter collectively referred to as “content”).
This always presupposes that the third-party providers of this content perceive the user's IP address, since without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. These "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as be linked to such information from other sources. Vimeo: We embed videos from the "Vimeo" platform, provided by Vimeo Inc., Attention: Legal Department, 555 West 18th Street, New York, New York 10011, USA. Privacy Policy: https://vimeo.com/privacy.
Youtube
We embed videos from the "YouTube" platform provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Google Fonts
We integrate the fonts ("Google Fonts") of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.
Google ReCaptcha
We integrate the function for detecting bots, e.g., when entering data into online forms ("ReCaptcha") from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.
Use of Facebook social plugins
Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use social plugins ("plugins") from the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g., videos, graphics, or text contributions) and are recognizable by one of the Facebook logos (white "f" on a blue tile, the terms "Like," "I like," or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin." The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user accesses a function of this website that contains such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to the user's device, which then integrates it into the website. User profiles can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects using this plugin and therefore inform users according to our current knowledge.
By integrating the plug-in, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. When users interact with the plug-in, for example, by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from their device to Facebook and stored there. Even if a user is not a Facebook member, it is still possible that Facebook will obtain and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.
The purpose and scope of data collection and the further processing and use of the data by Facebook as well as the related rights and setting options for protecting the privacy of users can be found in Facebook's privacy policy: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about them via this online service and link it to their member data stored on Facebook, they must log out of Facebook and delete their cookies before using our online service. Further settings and objections to the use of data for advertising purposes are available within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. The settings are platform-independent, meaning they are applied to all devices, such as desktop computers and mobile devices.
Our online offering may include functions and content from the Twitter service, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. This may include content such as images, videos, or text, and buttons that users can use to express their likes for the content or to subscribe to the authors of the content or our posts. If users are members of the Twitter platform, Twitter can associate the access to the aforementioned content and functions with the users' profiles there. Instagram's privacy policy: https://twitter.com/de/privacy. Twitter is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Privacy policy: https://twitter.com/de/privacy, Opt-out: https://twitter.com/personalization.
Our online offering may include features and content from the Instagram service, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. This may include content such as images, videos, or text, and buttons that users can use to express their likes or subscribe to the authors of the content or our posts. If users are members of the Instagram platform, Instagram can associate the access to the aforementioned content and features with their profiles there. Instagram's privacy policy: http://instagram.com/about/legal/privacy/.
Our online offering may include features and content from the Pinterest service, offered by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA. This may include content such as images, videos, or text, and buttons that users can use to express their likes or subscribe to the authors of the content or our posts. If users are members of the Pinterest platform, Pinterest can associate access to the aforementioned content and features with their profiles there. Pinterest's privacy policy: https://about.pinterest.com/de/privacy-policy.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke