1. Basic information on data processing and legal bases
1.1 This data protection declaration clarifies the type, scope and purpose of the processing of personal data within our online offer and the websites, functions and contents connected with it (hereinafter jointly referred to as “online offer” or “website”). The data protection declaration applies regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) on which the online offer is executed.
1.2 We refer the terms used, such as “personal data” or their “processing” to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
1.3 The personal data of the users processed within the scope of this online offer includes inventory data (e.g., names and addresses of customers), contract data (e.g., services used), usage data (e.g., the web pages of our online offer visited, interest in our products) and content data (e.g., entries in the contact form).
1.4 The term “user” covers all categories of data processing of data subjects. They include our business partners, customers, interested parties and other visitors to our online offer. The terms used, e.g. “user”, are to be understood in a gender-neutral way.
1.5 We process personal data of users only in compliance with the relevant data protection regulations. This means that the data of the users are only processed if a legal permission is available. This means, in particular, if the data processing is necessary for the provision of our contractual services (e.g. processing of orders) and online services, or is required by law, the consent of the users is present, as well as on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation and security of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR, in particular in measuring reach, creating profiles for advertising and marketing purposes as well as collecting access data and using the services of third parties).
1.6 We would like to point out that the legal basis of the consents is Art. 6 para. 1 lit. a. and Art. 7 GDPR, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures is Art. 6 para. 1 lit. b. GDPR, the legal basis for processing for the fulfilment of our legal obligations Art. 6 para. 1 lit. c. GDPR, and the legal basis for processing to safeguard our legitimate interests Art. 6 para. 1 lit. f. GDPR is.
2. Security measures
2.1 We take organisational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of the data protection laws are complied with and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or access by unauthorised persons.
2.2 The security measures include in particular the encrypted transmission of data between your browser and our server.
3. Transfer of data to third parties and third party providers
3.1 Data will only be passed on to third parties within the framework of the legal requirements. We will only pass on user data to third parties if this is necessary for contractual purposes, e.g. on the basis of Art. 6 Para. 1 lit. b) GDPR or on the basis of justified interests in accordance with Art. 6 Para. 1 lit. f. GDPR in the economic and effective operation of our business.
3.2 If we use subcontractors to provide our services, we take appropriate legal precautions as well as appropriate technical and organisational measures to ensure the protection of personal data in accordance with the relevant legal provisions.
4. Provision of contractual services
4.1 We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 paragraph 1 lit b. GDPR.
4.2 Within the scope of registration and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. This data will 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 Para. 1 lit. c GDPR.
4.3 We process usage data (e.g., the websites visited by our online offer, 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 show the user e.g., product information based on the services they have used so far.
5.1 When contacting us (via contact form or e-mail), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) GDPR.
5.2 The user’s details may be stored in our customer relationship management system (“CRM system”) or a comparable enquiry organisation.
5.3 We use the CRM system “Zoho”, of the provider Zoho Corporation, 4141 Hacienda Drive Pleasanton, California 94588, USA on the basis of our legitimate interests (efficient and fast processing of user enquiries). To this end, we have concluded a contract with Zoho with so-called standard contractual clauses, in which Zoho undertakes to process user data only in accordance with our instructions and to comply with the EU data protection level. Zoho is also certified under the Privacy Shield Agreement, which provides an additional guarantee that it complies with European data protection legislation https://www.privacyshield.gov/participant?id=a2zt0000000TOJbAAO&status=Active
6. Comments and contributions
6.1 If users leave comments or other contributions, their IP addresses will be deleted on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR for 7 days.
6.2 This is done for our security, if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.) In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.
7. Collection of access data and log files
7.1 On the basis of our legitimate interests within the meaning of Article 6(1)(f), we raise GDPR, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited site), IP address and the requesting provider.
7.2 For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of seven days and then deleted. Data whose further storage is required for evidential purposes is excluded from deletion until the respective incident has been finally clarified.
8. Cookies & range measurement
8.1 Cookies are information that is transferred from our web server or web servers of third parties to the web browsers of the users and stored there for later retrieval. Cookies can be small files or other types of information storage.
8.2 We use “session cookies”, which are only stored for the duration of the current visit to our online presence. A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. In addition, a cookie contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online services and close the browser.
8.4 If the users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
9. Google Analytics
9.2 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).
9.3 Google will use this information on our behalf in order to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services associated with the use of this website and the use of the Internet. In doing so, pseudonymous user profiles of the users can be created from the processed data.
9.4 We use Google Analytics in order to display the advertisements placed within the advertising services of Google and its partners only to those users who have also shown an interest in our online offer or who show certain characteristics (e.g. interests in certain topics or products, which are determined on the basis of the websites visited), which we transmit to Google (so-called “remarketing” or “Google Analytics Audiences”). With the help of remarketing audiences, we also want to ensure that our advertisements correspond to the potential interest of the users and do not appear annoying.
9.5 We only use Google Analytics with activated IP anonymisation. This means that the IP address of users is shortened by Google within member states of the European Union or in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there.
9.6 The IP address transmitted by the user’s browser will not be merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
9.7 You can find further information on data use by Google, setting and objection possibilities on the websites of Google: https://www.google.com/intl/de/policies/privacy/partners (“Data use by Google when you use websites or apps of our partners”), http://www.google.com/policies/technologies/ads (“Data use for advertising purposes”), http://www.google.de/settings/ads (“Manage information that Google uses to show you advertising”).
10. Google re/marketing services
10.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) the marketing and remarketing services (in short “Google Marketing Services”) of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
10.2 Google is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
10.3 Google’s marketing services allow us to display ads for and on our website in a more targeted manner so that we only show users ads that potentially match their interests. For example, if a user is shown ads for products that he or she has been interested in on other websites, this is called “remarketing”. For these purposes, when you access our and other websites on which Google marketing services are active, Google will execute code directly by Google and (re)marketing tags (invisible graphics or code, also known as “web beacons”) will be embedded in the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (instead of cookies, comparable technologies can also be used). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. In this file it is noted which websites the user has visited.
11. Facebook social plugins
11.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The Plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on blue tile, the terms “Like”, “Like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
11.2. Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
11.3 If a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offer by the user. User profiles can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform the users according to our state of knowledge.
11.4 By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his or her Facebook account. If users interact with the plugins, for example, by pressing the Like button or making a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his or her IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany.
11.6 If a user is a Facebook member and does not want Facebook to collect data about him or her via this online offer and link it to his or her membership data stored on Facebook, he or she must log out of Facebook and delete his or her cookies before using our online offer. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
12. Facebook, custom audiences and facebook marketing services
12.1 Within our online offer, the so-called “Facebook pixel” of the social network Facebook, which is operated by Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are located in the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), is used due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes.
12.2 Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
12.3 With the help of the Facebook pixel, Facebook is on the one hand able to determine the visitors of our online offer as a target group for the presentation of advertisements (so-called “Facebook Ads”). Accordingly, we use the Facebook Pixel in order to display the Facebook Ads placed by us only to those Facebook users who have also shown an interest in our online offering or who exhibit certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called “custom audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook Ads correspond to the potential interest of users and do not appear to be annoying. With the help of the Facebook Pixel, we can also track the effectiveness of Facebook Ads for statistical and market research purposes by seeing whether users are redirected to our website after clicking on a Facebook Ad (so-called “conversion”).
12.4 The Facebook pixel is integrated directly by Facebook when you call up our websites and can save a so-called cookie, i.e. a small file, on your device. If you then log in to Facebook or visit Facebook when logged in, the visit to our online offer will be noted in your profile. The data collected about you is anonymous to us, so we cannot draw conclusions about the identity of the user. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and can be used by Facebook as well as for our own market research and advertising purposes. If we should transmit data to Facebook for comparison purposes, this data is encrypted locally on the browser and only then sent to Facebook via a secure https connection. This is done solely for the purpose of comparing the data with the data equally encrypted by Facebook.
12.5 The processing of the data by Facebook is carried out within the framework of Facebook’s data use policy. Accordingly, general information on the display of Facebook Ads, in the Facebook Data Usage Policy: https://www.facebook.com/policy.php. Specific information and details about the Facebook pixel and its functionality can be found in the Facebook help section: https://www.facebook.com/business/help/651294705016616.
12.6 You may object to the collection by the Facebook Pixel and use of your information to display Facebook Ads. To control what types of ads are displayed to you within Facebook, you can go to the Facebook-established page and follow the instructions on usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, which means they apply to all devices, such as desktop computers or mobile devices.
13.1 With the following information, we will inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.
13.2 Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter “newsletter”) only with the consent of the recipients or with a legal permission. Insofar as the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Our newsletters also contain information about our products, offers, promotions and our company.
13.3 Newsletter registrations are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
13.5 Furthermore, according to its own information, the mail-order service provider may use this data in pseudonymous form, i.e. without assigning it to a user, to optimize or improve its own services, e.g. to technically optimize the sending and presentation of newsletters or for statistical purposes to determine from which countries the recipients come. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or pass them on to third parties.
13.6. registration data: In order to subscribe to the newsletter, it is sufficient to provide your e-mail address.
13.7 Statistical survey and analyses – The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file which is retrieved from the server of the dispatch service provider when the newsletter is opened. Within the scope of this retrieval, technical information, such as information on the browser and your system, as well as your IP address and time of retrieval are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined by means of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our nor the dispatch service provider’s intention to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
13.8 The use of the mail-order service provider, the performance of statistical surveys and analyses and the logging of the registration procedure are based on our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR. We are interested in the use of a user-friendly and secure newsletter system that serves our business interests and meets the expectations of the users.
13.9 Cancellation/revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. Your consent to the dispatch of the newsletter by the dispatch service provider and the statistical analyses will expire at the same time. A separate cancellation of the dispatch by the dispatch service provider or the statistical analysis is unfortunately not possible. You will find a link to cancel the newsletter at the end of each newsletter. If users have only registered for the newsletter and cancelled this registration, their personal data will be deleted.
14.1 Recording of user interaction through ConvertFlow
14.2 Recording of contact data by form via ConvertFlow
Your contact data from the forms provided by ConvertFlow will be stored by ConvertFlow for the purpose of processing your request and in case of follow-up questions. The processing of the data entered by you in the ConvertFlow form is thus exclusively based on your consent (Art. 6 para. 1 lit. a GDPR).
14.3 You can revoke this consent at any time. All you need to do is send an informal message by e-mail to email@example.com.
14.4 The legality of the data processing operations carried out up to the time of revocation shall remain unaffected by the revocation. The data entered by you in the forms of ConvertFlow will remain with getunik until you request us to delete it, revoke your consent for storage or the purpose for which the data was stored no longer applies (e.g. after completion of the processing of your request). Mandatory legal provisions – in particular retention periods – remain unaffected.
14.5 For deleting contact information that you have provided to us via a form provided by ConvertFlow, please read the section “Collecting contact information via a form using ConvertFlow”.
15. Integration of third party services and content
15.1 We set within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 paragraph 1 lit. f. GDPR), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of these contents are aware of the IP address of the users, as without the IP address they would not be able to send the contents to their browsers. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information on the browser and operating system, referring web pages, visiting time and other details on the use of our online offer, as well as being able to be linked to such information from other sources.
15.2 The following presentation offers an overview of third party providers and their contents, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, the possibility to object (so-called opt-out):
16. Users’ rights
16.1 Users have the right to request information free of charge about the personal data we have stored about them.
16.2 In addition, users have the right to correct incorrect data, restrict processing and delete their personal data, if applicable, to exercise their rights to data portability and, in the event of suspected unlawful data processing, to lodge a complaint with the competent supervisory authority.
16.3 Users may also withdraw their consent, in principle with consequences for the future.
16.4 Users may contact getunik’s data protection officer at firstname.lastname@example.org
17. Deletion of data
17.1 The data stored with us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the users’ data are not deleted because they are required for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for commercial or tax law reasons.
18. Right of objection
Users can object to the future processing of their personal data in accordance with the legal requirements at any time. The objection may in particular be made against processing for the purposes of direct advertising.
19. Amendments to the data protection declaration
19.2 Users are asked to inform themselves regularly about the content of the data protection declaration.
Eva Hieninger, Partner, Managing Director Germany