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Privacy notice – as of: August 1, 2021

General data processing provisions

Special provisions for data processing on our website

General data processing provisions

1. Subject of this data protection declaration

We, CertifyCar GmbH, are pleased that you are interested in our website and our offers on our website.

The protection of your personal data is very important to us. In the following, we would like to inform you in detail about which data is collected when you visit our website, when you use our offers there and how we process or use it in the following. Furthermore, we will also inform you about the accompanying protective measures we have taken in technical and organizational terms.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject is always carried out in accordance with the applicable data protection regulations. By means of this data protection declaration we would like to inform you about the type, scope and purpose of the personal data collected, used and processed by us and, if you are affected by the data processing, to clarify. Although we, being the controller for the processing of personal data, have implemented numerous technical and organizational measures, internet-based data transmission can generally have security gaps, so that absolute protection cannot be guaranteed. We ask that you take this into account when using our website.

2. Definitions

In this privacy notice, terms are used that have been specified by the legislator in the General Data Protection Regulation (hereinafter also referred to as GDPR). You can access the GDPR under the following link:

http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32016R0679&from=DE

The aim of our privacy notice is to inform you in a simple and understandable way about the processing of your personal data on our website.

3. Name and address of the controller responsible for processing

The controller in terms of data protection law is:

CertifyCar GmbH Frankenstrasse 152 D-90461 Nuremberg Personally liable partner of CertifyCar GmbH: CertifyCar GmbH, Frankenstrasse 152, 90461 Nuremberg Managing director: Marcus Zeißler Phone: +49 911 / 14898-751 Email: info@certifycar.eu

4. Contact details of the data protection officer

CertifyCar GmbH Marcus Zeissler Frankenstrasse 152 D-90461 Nuremberg Phone: +49 911 / 14898-751 Email: info@certifycar.eu

5. Erasure and blocking of personal data / storage period

Unless otherwise regulated in the respective processing of personal data in Chapter B. of this privacy notice, the data stored by us will be erased as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements. If the data subject’s data is not erased, because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data of the data subject that must be kept for commercial or tax law reasons. According to the legal requirements, the storage takes place for six years according to § 257 para. 1 of the German Commercial Code (HGB – Handelsgesetzbuch) (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) as well as for ten years in accordance with § 147 para. 1 of the German Tax Code (AO – Abgabenordnung) (books, records, management reports, accounting documents, commercial and business letters, etc.).

6. Rights of the data subject

6.1. Right to obtain confirmation

Every data subject has the right granted by the European legislators to request confirmation from the controller as to whether personal data concerning them are being processed. If a data subject would like to make use of this right to obtain confirmation, they can contact us at any time.

6.2. Right of access

Every data subject affected by the processing of personal data has the right to receive free information about the personal data stored about it and a copy of this information from the controller at any time. The data subject is also entitled to the following information:

the processing purposes

the categories of personal data that are processed

the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organizations

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 correction or deletion of the personal data concerning you or to restriction of processing by the controller or a right to object to this 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: any available information on the origin of the data

the existence of automated decision-making including profiling in accordance with Article 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject

6.3 Right to rectification

Every data subject affected by the processing of personal data has the right to request the immediate rectification of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data by means of a supplementary declaration. If a data subject wishes to exercise this right to rectification, they can contact us at any time.

6.4 Right to erasure

Every data subject affected by the processing of personal data has the right to demand that the controller erase the personal data concerning them immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:

The personal data were collected or otherwise processed for purposes for which they are no longer necessary.

The data subject withdrawas its consent on which the processing was based in accordance with Art. 6 para. 1 point (a) GDPR or Art. 9 para. 2 point (a) GDPR and there is no other legal basis for the processing.

According to Art. 21 para. 1 GDPR, the data subject objects to the processing, and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in accordance with Art. 21 para. 2 GDPR.

The personal data was processed unlawfully.

The erasure of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states the controller is subject to.

The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored at CertifyCar GmbH deleted, they can contact us at any time. We will arrange for the erasure request to be complied with immediately. If the personal data has been made public by CertifyCar GmbH and if our company as the controller according to Art. 17 para. 1 GDPR is obliged to erase the personal data, CertifyCar GmbH takes appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data processors who process the published personal data that the data subject has requested the erasure of all links to this personal data or of copies or replications of this personal data from these other controllers of data processing, insofar as the processing is not necessary. We will arrange everything that is necessary in individual cases.

6.5 Right to restriction of processing

Every data subject affected by the processing of personal data has the right to request the controller to restrict processing if one of the following conditions is met:

The data subject disputes the correctness of the personal data for a period of time that enables the controller to check the correctness of the personal data.

The processing is unlawful, the data subject refuses to erase the personal data and instead requests that the use of the personal data be restricted.

The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to establish, exercise or defend legal claims.

The data subject has objected to the processing according to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh those of the data subject.

If one of the aforementioned cases exists and a data subject wishes to request the restriction of personal data stored at CertifyCar GmbH, they can contact us at any time. We will then arrange for the processing to be restricted.

6.6 Right to data portability

Every data subject affected by the processing of personal data has the right to receive the personal data concerning them, which the data subject has provided to a controller, in a structured, commonly used and machine-readable format. The data subject also has the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 point (a) GDPR or Art. 9 para. 2 point (a) GDPR or on a contract in accordance with Art. 6 para. 1 point (b) GDPR and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task that is in the public interest or is carried out in the exercise of official authority that has been assigned to the controller.

Furthermore, when exercising their right to data portability in accordance with Art. 20 para. 1 GDPR, the right to have the personal data transmitted directly from one controller to another controller, insofar as this is technically feasible and provided that this does not impair the rights and freedoms of other persons. The data subject can contact us at any time to establish its right to data portability.

6.7 Right to object

Any data subject affected by the processing of personal data has the right, for reasons that arise from their particular situation, to object at any time to the processing of personal data relating to them, which is based on Art. 6 para. 1 letter (e) or (f) DSGVO takes place, to file an objection. This also applies to profiling based on these provisions. CertifyCar GmbH will no longer process the personal data in the event of an objection, unless we can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to establish, exercise or defend of legal claims.

If CertifyCar GmbH processes personal data in order to operate direct mail, 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 associated with such direct marketing. If the data subject objects to CertifyCar GmbH processing for direct marketing purposes, CertifyCar GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, for reasons arising from his or her particular situation, to object to the processing of personal data concerning them that is carried out by CertifyCar GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, to object, unless such processing is necessary to fulfill a task in the public interest. The data subject can contact us directly to exercise the right to object. The data subject is also free, in connection with the use of information society services, regardless of Directive 2002/58 / EC, to exercise their right of objection by means of automated procedures in which technical specifications are used.

6.8 Automated individual decision-making including profiling

Every data subject affected by the processing of personal data has the right granted by the European legislator of directives and regulations not to be subjected to a decision based solely on automated processing – including possibly profiling – which has legal effect on him or her in a similar way significantly affected unless the decision

is necessary for the conclusion or performance of a contract between the data subject and the controller, or

is permissible on the basis of Union or Member State legislation to which the controller is subject and this legislation contains appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, or

takes place with the express consent of the data subject.

If the decision is

necessary for the conclusion or performance of a contract between the data subject and the controller or

if it is made with the express consent of the data subject, CertifyCar GmbH takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the controller, to state their own point of view and heard on contesting the decision.

If the data subject wishes to assert rights with regard to automated decisions, they can contact us at any time.

6.9 Right to withdraw consent under data protection law

Every data subject affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time. If the data subject would like to assert their right to withdraw consent, they can contact us at any time. Any data subject can contact us directly at any time with any questions or suggestions regarding data protection.

6.10 Right to lodge a complaint with a data protection supervisory authority

Every data subject affected by the processing of personal data has the right to lodge a complaint with a data protection supervisory authority about the processing of your personal data by us.

7. Legal basis for processing

Unless otherwise stated in the description of the respective data processing procedure in Chapter B. of this data protection declaration, the following regulations apply.

Art. 6 I point (a) GDPR serves CertifyCar GmbH as the legal basis for processing operations for which consent must be obtained for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, the processing is based on Art. 6 I point (b) GDPR. The same applies to processing operations that are required to carry out pre-contractual measures, for example in cases of inquiries about our services and products. If CertifyCar GmbH is subject to a legal obligation which requires the processing of personal data, the processing is based on Art. 6 I point (c) GDPR. In rare cases, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. In this case, the processing is based on Art. 6 I point (d) GDPR. Ultimately, processing operations could be based on Art. 6 I point (f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of CertifyCar GmbH or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are particularly permitted to carry out such processing operations because they have been specifically mentioned by the European legislator (see recital 47 sentence 2 GDPR).

8. Consideration of legitimate interests

Unless otherwise regulated in the description of the respective data processing procedure in Chapter B. of this privacy notice and the processing of personal data is based on Article 6 I point (f) GDPR, our legitimate interest lies in the conduct of our business activities and the related economic interest.

9. Data protection when using our contact details

If you use the contact details provided on our website (such as our e-mail address or fax number) to contact us, the personal data you provide will only be processed for the purpose for which you contacted us. If the reason for your contact is the interest in our services or products or the fulfillment of an existing contract with us, the legal basis is Art. 6 para. 1 point (b) GDPR. In all other cases of contact, we have a legitimate interest in accordance with Art. 6 para. 1 point (f) GDPR in the data processing based on the communication initiated by you. We store the data required to process the contract until the statutory warranty and, if applicable, contractual guarantee periods have expired. We store the data required under commercial and tax law for the periods specified by law, usually ten years (cf. § 257 HGB, § 147 AO). The data processed to carry out pre-contractual measures will be deleted as soon as the measures have been carried out and there is clearly no contract conclusion. The personal data stored by us on the basis of a legitimate interest will be stored until the purpose for which the contact was established has been achieved. You have the right to object to data processing at any time, that takes place on the basis of Art. 6 para. 1 point (f) GDPR and is not used for direct advertising for reasons that arise from your particular situation. In the case of direct mail, however, you can object to processing at any time without giving reasons. Recipients of the personal data processed according to this regulation are IT service providers (especially hosters) with whom we have concluded a corresponding order processing agreement in accordance with Art. 28 GDPR.

10. Data protection in applications and in the application process

We collect and process the personal data of applicants for the purpose of carrying out the application process and thus on the basis of a pre-contractual measure within the meaning of Art. 6 para. 1 point (b) GDPR or our legitimate interest in accordance with Art. 6 para. 1 point (f) GDPR on the employment of employees. Processing can also take place electronically, e.g. if an applicant sends us the relevant application documents electronically, for example by email or using our contact form. If we conclude an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically erased two months after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the controller. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the German General Equal Treatment Act (AGG – Allgemeines Gleichbehandlungsgesetz). Due to the digitized recording of the applications received, the recipients of the processed personal data are our IT service providers (especially hosters), with whom we have concluded corresponding order processing within the meaning of Art. 28 GDPR.

11. Changes to this privacy policy

CertifyCar GmbH reserves the right to change this privacy policy at any time with future effect. A current version is always available on the website. Please visit the website regularly and find out about the applicable privacy policy.

Special provisions for data processing on our website

1. Collection and use of your data

The scope and type of collection and use of your data differs depending on whether you visit our website only to retrieve information or use the services we offer, such as concluding a contract via the website, and register if necessary.

2. Informational use / collected data / cookies

(1) If you only use the website for information purposes, i.e. if you do not make a booking on our website or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you would like to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 point (f) GDPR):

Date and time of the request Time zone difference to Greenwich Mean Time (GMT) Content of the request (specific page) Access status / HTTP status code Website from which the request came Browser Operating system and its interface Language and version of the browser software

(2) The according to para. 1 of this regulation processed data will be used for the specified purposes for a period of max. Saved for 30 days and then deleted.

(3) In addition to the aforementioned data, cookies are stored on your computer when you use our website. This is done on the basis of our legitimate interest in accordance with Art. 6 para. 1 point (f) GDPR on the optimization and economic operation of our online offer. Cookies are small text files that are stored on your hard drive and assigned to the browser you are using and through which certain information flows to the place that sets the cookie (in this case by us). Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.

(4) Use of cookies:

a) Our website uses the following types of cookies, the scope and functionality of which are explained below:

Transient cookies (see b)

Persistent cookies (see c).

b) Transient cookies are automatically deleted when you close the browser. This includes in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the common session. This means that your computer can be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.

c) Persistent cookies are automatically deleted after a specified period, which differs depending on the cookie and can be several years. You can delete the cookies at any time in the security settings of your browser.

d) You can configure your browser settings according to your wishes and z. B. reject the acceptance of third-party cookies or all cookies. We would like to point out that you may not be able to use all functions of this website.

e) We use cookies in order to be able to identify you for subsequent visits if you have an account with us. Otherwise you would have to log in again for each visit.

(5) Recipients of the data processed according to the preceding paragraphs are IT service providers (especially hosters) with whom we have concluded corresponding order processing agreements in accordance with Art. 28 GDPR.

3. Google Analytics (with anonymization function)

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 para. 1 point (f) GDPR) we use Google Analytics, a web analysis service of Google Inc. ., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.

We use the addition “_gat._anonymizeIp” for web analysis via “Google Analytics”. By means of this addition, the IP address of the Internet connection of the data subject is shortened and anonymized by Google if our Internet pages are accessed from a member state of the European Union or from another signatory to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website. Google Analytics places a cookie on the data subject’s device. With the setting of the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages of our website is called up on which a Google Analytics component has been integrated, the Internet browser on the end device 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 gains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission accounting.

The cookie is used to store personal information, such as the access time, the location from which access was made and the frequency of visits to our website by data subject. Each time you visit our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google Inc. in the United States. These personal data are stored by Google Inc. in the USA for 14 months. Google Inc. may pass this personal data collected through the technical process on to third parties. 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 of the internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the option of objecting to the collection of the data generated by Google Analytics relating to the use of our website and the processing of this data by Google, and to prevent this from happening. To this end, the data subject must download and install a browser add-on under the link http://tools.google.com/dlpage/gaoptout?hl=de. This browser add-on informs Google Analytics via JavaScript that no data or information on website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data on the data subject’s device is deleted, formatted or reinstalled at a later point in time, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person who is attributable to their sphere of influence, there is the option of reinstalling or reactivating the browser add-on.

You can prevent Google Analytics from collecting data by clicking on the following link. An opt-out cookie is set that prevents the future collection of your data when you visit this website:

Deactivate Google Analytics

For more information on terms of use and data protection, see

http://www.google.com/analytics/terms/de.html bzw. unter

https://www.google.de/intl/de/policies/.

Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.

4. Google AdWords

We use the “Google AdWords” service of Google Inc., 1600 Amphitheater Pkwy, Mountain, on our website on the basis of our legitimate interests (ie interest in the economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR) View, CA 94043-1351, USA. Google AdWords is an internet advertising service that allows advertisers to place ads in the Google search engine results as well as in the Google advertising network. Google AdWords enables an advertiser to define certain keywords in advance by means of which an advertisement is only displayed in Google’s search engine results if the user calls up a relevant search result via the Google search engine.

The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the websites of third-party companies and in the Google search engine results and by displaying third-party advertising on our website. If a data subject reaches our website via a Google ad, Google Inc. stores a so-called conversion cookie on the terminal device of the data subject, which loses its validity after thirty days and is not used to identify the data subject. If it has not yet expired, the conversion cookie is used to determine whether certain sub-pages have been accessed on our website. The conversion cookie enables both we and Google to understand whether a data subject who came to our website via an AdWords ad generated sales, i.e. completed or canceled a purchase. The data and information collected through the use of the conversion cookie are used by Google to create visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords advertisements, i.e. to determine the success or failure of the respective AdWords advertisement and to optimize our AdWords advertisements for the future . Neither our company nor other Google AdWords advertisers receive information from Google that could identify the person concerned. The conversion cookie is used to store personal data, such as the websites visited by the data subject. Every time you visit our website, personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the USA. These personal data are stored by Google in the USA. Google may pass this personal data on to third parties. 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 and thus permanently object to the setting of cookies. Such a setting of the internet browser would also prevent Google from setting a conversion cookie on the terminal device of the data subject. In addition, a cookie already set by Google AdWords can be deleted at any time via the internet browser or other software. The data subject also has the option of objecting to interest-based advertising by Google. To this end, the data subject must call up the link https://www.google.de/settings/ads from each of the internet browsers they use and make the desired settings there. Further information and the applicable data protection provisions of Google can be found at https://www.google.de/intl/de/policies/privacy/.

5. Google remarketing

On the basis of our legitimate interests (i.e. interest in the economic operation of our online offer within the meaning of Art. 6 para. 1 point (f) GDPR), we use the “Google Remarketing” service from Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.

Google Remarketing is a function of Google AdWords that enables a company to show advertisements to Internet users who have previously been on the company’s website. The integration of Google Remarketing therefore allows a company to create user-related advertising and consequently to show interest-relevant advertisements to the Internet user. Google Remarketing places a cookie on the data subject’s device. With the setting of the cookie, Google is able to recognize the visitor to our website if they subsequently access websites that are also members of the Google advertising network. Every time a website is accessed on which the Google Remarketing service has been integrated, the data subject’s internet browser automatically identifies itself to Google. As part of this technical process, Google gains knowledge of personal data, such as the IP address or the surfing behavior of the user, which Google uses, among other things, to display interest-relevant advertising. The cookie is used to store personal information, such as the websites visited by the data subject. Every time you visit our website, personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google Inc. in the USA. These personal data are stored by Google Inc. in the USA. Google may pass this collected personal data on to third parties. The data subject can prevent the setting of cookies by our website, as already shown above, 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 of the internet browser would also prevent Google from setting a cookie on the end device of the data subject. In addition, a cookie already set by “Google Analytics” can be deleted at any time via the internet browser or other software. The data subject also has the option of objecting to interest-based advertising by Google. To do this, the data subject must call up the link https://www.google.de/settings/ads via the respective Internet browser and make the desired settings there. Further information and the applicable data protection provisions of Google can be found at https://www.google.de/intl/de/policies/privacy/.

6. Google customer reviews

We use the “Google Customer Reviews” program, which is offered by Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”).

The program gives us the opportunity to get customer reviews from users of our website. After making a purchase on our website, you will be asked whether you would like to take part in a Google email survey. If you have given your consent in accordance with Art. 6 para. 1 point (a) GDPR, we will transmit your email address to Google. You will receive an email from Google Customer Reviews asking you to rate the buying experience on our website. The rating you submitted is then combined with our other ratings and displayed in our Google customer reviews logo and in our Merchant Center dashboard; it is also used for Google seller ratings.

You may withdraw your consent at any time by sending a message to the data processing controller or to Google.

Further information on Google’s data protection in connection with the Google Customer Reviews program can be found at the following link https://support.google.com/merchants/answer/7188525?hl=de

You can retrieve more information about the data protection of Google Seller Ratings at this link: https://support.google.com/adwords/answer/2375474

7. Facebook Custom Audiences and Facebook Marketing Services

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 based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (“Facebook”) is used.

With the help of the Facebook pixel, Facebook is on the one hand able to determine the visitors to our online offer as a target group for the presentation of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to only display the Facebook ads placed by us to Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are based on the visited Websites) that we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we would also like to ensure that our Facebook ads correspond to the potential interest of the users and are not annoying. With the help of the Facebook pixel, we can also understand the effectiveness of the Facebook ads for statistical and market research purposes by seeing whether users have been redirected to our website after clicking on a Facebook ad (so-called “conversion”). The website also uses the remarketing function “Custom Audiences” from Facebook Inc. (“Facebook”). This allows users of the website to be shown interest-related advertisements (“Facebook Ads”) when visiting the social network Facebook or other websites that also use the process. We are interested in showing you advertisements that are of interest to you in order to make our website more interesting for you.

In order to prevent the collection of your data by means of the Facebook pixel on our website, please click the following link: Facebook Opt-Out Note: If you click the link, an “opt-out” cookie will be saved on your device. If you delete the cookies in this browser, you will have to click the link again. Furthermore, the opt-out only applies within the browser you are using and only within our web domain on which the link was clicked. You can also use cookies for range measurement and advertising purposes via the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/) and the US website (http://www.aboutads.info/). choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

8. Use of offers on our website

However, if you want to use the services offered on our website, such as paid bookings in our online shop or ordering a newsletter, you will need to provide additional personal data. Details on this can be found in the following regulations.

8.1 Data processing for the purpose of concluding a contract

(1) Your personal data that you provide to us during the booking process are required to conclude a contract with us (e.g. information on the contractual partner) or required by law (e.g. tax regulations). Failure to provide personal data would mean that the contract with you could not be concluded. For some payment methods, we need the necessary payment data in order to pass them on to a payment service provider commissioned by us. If you send us an inquiry by e-mail, using a contact form or conclude a contract via our website before the contract is concluded, we will process the data received in this way to carry out pre-contractual measures and answer, for example, your questions about our services or products. You can voluntarily create a customer account through which we can save your data for future purchases. When you create an account under “My account”, the data you provide will be stored revocably. You can request the deletion of your customer account at any time by sending an email to info@fk-soehnchen.de. The processing of your entered data is therefore carried out for the purpose of fulfilling the contract or for carrying out pre-contractual measures in accordance with Art. 6 para. 1 point (b) GDPR and for the fulfilment of legal obligations pursuant to Art. 6 para. 1 point (c) GDPR.

(2) Recipients of the personal data processed according to this regulation are payment service providers, shipping service providers, IT service providers (especially hosting), merchandise management systems with whom we have concluded corresponding order processing agreements in accordance with Art. 28 GDPR.

(3) We store the data required to process the contract until the statutory warranty and, if applicable, contractual guarantee periods have expired. We store the data required under commercial and tax law for the periods specified by law, usually ten years (cf. § 257 HGB, § 147 AO). The data processed to carry out pre-contractual measures will be deleted as soon as the measures have been carried out and there is clearly no contract conclusion.

8.2 Contact form

(1) If you voluntarily use our contact forms, you will be asked to provide your first name, name, email address and, if applicable, your telephone number as well as the reason for your inquiry / contact (message). The only mandatory information for your request is your email address. The information is collected and stored solely to answer your request.

(2) When you register, we save your IP address and the time of registration. The purpose of the procedure is to be able to prove your request and, if necessary, to clarify any possible misuse of your personal data.

(3) The legal basis for the processing of your personal data is the consent you have expressly given in accordance with Art. 6 para. 1 point (a) GDPR and our legitimate interest in accordance with Art. 6 para. 1 point (f) GDPR in answering your inquiry about our services or offers and providing evidence of possible misuse of the e-mail address used for this purpose.

(4) Following your confirmation, we will save the information you have provided via the contact form until the purpose for which your request has been fulfilled. In addition, the data stored beyond that according to para. 2, are stored by us for a maximum of one month following receipt of the confirmation.

(5) Recipients of the data processed according to this regulation are IT service providers (especially hosters) with whom we have concluded corresponding order processing agreements in accordance with Art. 28 GDPR.

8.3 Sending newsletters to customers of our online shop

(1) The newsletter is sent based on the purchase of goods or services that you have made from us via our online shop. If you purchase goods or services on our website and enter your e-mail address, this can then be used by us to send a newsletter. In such a case, only direct advertising for our own similar goods or services will be sent via the newsletter.

(2) The legal basis for sending the newsletter is § 7 para. 3 of the German Act against Unfair Competition (UWG – Gesetz gegen den unlauteren Wettbewerb) or our legitimate interests according to Art. 6 para. 1 point (f) GDPR in direct advertising visà-vis our customers for identical or similar products or services.

(3) The collection of the user’s email address is used to deliver the newsletter.

(4) The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. The user’s email address is therefore stored as long as the customer has not objected to the newsletter being sent.

(5) The customer can object to the use of his e-mail address for sending the newsletter at any time without giving reasons. By exercising the objection, the customer does not incur any costs other than the necessary transmission costs according to the basic tariffs. For this purpose, there is a corresponding link in each newsletter to unsubscribe from the newsletter with the following text:

“If you have made a purchase for goods and services from us, we are entitled to send you information about our own similar goods and services via the email address sent with the purchase. You can use your e-mail address at any time as a whole or for individual measures, e.g. by e-mail (info@fk-soehnchen.de), fax (02353 / 66795-55), letter (CertifyCar GmbH, Frankenstrasse 152, D-90461 Nuremberg ) or activate the link below (“Would you like to unsubscribe from our newsletter? Then click here”) without incurring any costs other than the transmission costs according to the basic tariffs. ”

(6) In connection with the data processing for the dispatch of newsletters, the data is not passed on to third parties. The data will only be used by us to send the newsletter.

(7) We use rapidmail to send our newsletter. Your data will therefore be transmitted to rapidmail GmbH. rapidmail GmbH is prohibited from using your data for purposes other than sending the newsletter. rapidmail GmbH is not permitted to pass on or sell your data. rapidmail is a German, certified newsletter software provider, which has been carefully selected in accordance with the requirements of the GDPR and the BDSG.

We use SendGrid to send our order and shipping confirmations, as well as to use the “Price Alert” and “Available again” functions. The provider is SendGrid Inc., 1801 California Street, Suite 500, Denver, CO 80202. Sendgrid is a service that can be used to send and analyze e-mails. If you enter data for the purpose of subscribing to the newsletter (e.g. email address), it will be saved on SendGrid’s servers.

For more information on how your personal data is handled, see the SendGrid data protection provisions at: https://sendgrid.com/policies/privacy/

9. Payment service providers

If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and data protection notices of the respective third party providers, which can be called up within the respective websites or transaction applications, apply.

9.1 PayPal

Since we also have components of the online payment service “PayPal” from PayPal (Europe) S.à.rl & Cie. SCA, 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg, we would like to point out that this is done on the basis of Art. 6 para. 1 sentence 1 lit. (f) GDPR. Our legitimate interest in this is the outsourcing and optimization of payment processing. The legitimate interest on the part of PayPal consists in the collection of data for the purpose of processing payments. This service is used to process payments via so-called “PayPal accounts”, which represent virtual private or business accounts. With “PayPal” there is also the option of processing virtual payments via credit cards if the user does not have a “PayPal account”. A “PayPal account” is managed via an email address. “PayPal” makes it possible to make online payments to third parties or to receive payments. “PayPal” also takes on trustee functions and offers buyer protection services.

If the data subject selects “PayPal” as the payment option in our online shop during the ordering process, the data of the person concerned will automatically be sent to “PayPal (Europe) S.à.rl & Cie. SCA “transmitted. By selecting this payment option, the person concerned consents to the transfer of personal data required for payment processing. In the case of the “PayPal (Europe) S.à.rl & Cie. SCA “transmitted personal data are usually first name, last name, address, email address, IP address, telephone number, mobile phone number and other data that are necessary for payment processing. Personal data related to the respective online order is also required to process the purchase contract.

The purpose of transmitting the data is to process payments and prevent fraud. We become the “PayPal (Europe) S.à.rl & Cie. SCA “transmit personal data in particular if there is a legitimate interest in the transmission. The between “PayPal (Europe) S.à.rl & Cie. SCA ”and personal data exchanged with us may be transmitted to credit agencies. The purpose of this transmission is to check your identity and creditworthiness. The “PayPal (Europe) S.à.rl & Cie. SCA “may pass on the personal data to its affiliated companies and service providers or subcontractors, insofar as this is necessary to fulfill the contractual obligations or the data is to be processed on behalf of the company.

The data subject has the option of giving consent to the handling of personal data at any time to “PayPal (Europe) S.à.rl & Cie. SCA ”to be revoked. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing. The applicable data protection regulations of “PayPal (Europe) S.à.rl & Cie. SCA ”can be accessed at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

10. Credit information

In the case of purchase on account or direct debit, we make advance payments, which is why we transfer data to the financial service provider Creditreform Boniversum GmbH in these cases to check the creditworthiness of the applicant. For the information of the applicant, we provide you with the following consumer information according to Article 13 of the General Data Protection Regulation of Creditreform Boniversum GmbH. This consumer information was made available to us by Creditreform Boniversum GmbH. Creditreform Boniversum GmbH is responsible for the following content.

For consumers: Information according to EU GDPR via Creditreform Boniversum GmbH

1. Name and contact details of the responsible body and the company data protection officer

Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, Tel .: +49 2131 / 109-501. You can contact our data protection officer at the above address or by email at datenschutz@boniversum.de.

2. Data processing by Creditreform Boniversum GmbH

Purposes of data processing and legitimate interests pursued by Creditreform Boniversum GmbH or a third party. Creditreform Boniversum GmbH is a consumer information agency. It operates a database in which creditworthiness information about private individuals is stored. In particular, the Creditreform Boniversum database stores information about the name, address, date of birth, possibly the e-mail address, payment history and the ownership structure of persons. The purpose of processing the stored data is to provide information about the creditworthiness of the person requested. The legal basis for the processing is Art. 6 para. 1 point (f) EU GDPR. According to this, information about this data may only be given if a customer credibly demonstrates a legitimate interest in knowing this information. If data is transmitted to countries outside the EU, this is done on the basis of the so-called “standard contractual clauses”, which you can find under the following link: http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/? uri = CELEX: 32001D0497 & from = DE can be viewed or sent to you.

Legal basis for data processing

Creditreform Boniversum GmbH processes personal data on the basis of the provisions of the General Data Protection Regulation. The processing takes place on the basis of consent as well as on the basis of Art. 6 para. 1 point (f) GDPR, insofar as the processing is necessary to safeguard the legitimate interests of the controller or a third party and the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, do not outweigh the interests. Consents can be revoked at any time from the relevant contractual partner. This also applies to consents that were given before the GDPR came into force. The revocation of the consent does not affect the legality of the personal data processed up to the revocation. Legitimate interests within the meaning of Art. 6 para. 1 point (f) GDPR can be: credit decision, business initiation, ownership structure, claim, credit check, insurance contract, enforcement information.

Origin of the data

Creditreform Boniversum GmbH operates a database in which creditworthiness information about private individuals is stored. On this basis, Creditreform Boniversum GmbH issues credit information to its customers. Customers include, for example, credit institutions, leasing companies, insurance companies, telecommunications companies, receivables management companies, mail order, wholesale and retail companies, and other companies that supply or provide goods or services. The data that Creditreform Boniversum GmbH has stored about you comes from publicly accessible sources, from debt collection companies and their customers.

Categories of personal data that are processed

In the database of Creditreform Boniversum GmbH, information is stored in particular about the name, address, date of birth, possibly the e-mail address, payment history and the ownership structure of persons.

Categories of recipients of personal data

Recipients are exclusively contractual partners of Creditreform Boniversum GmbH. These are mainly mail order or e-commerce, telecommunications and insurance companies, energy supply and service companies, banks and financial service providers. Other recipients are clearing houses and lawyers.

Duration of data storage

The data will be stored for as long as knowledge is necessary to fulfill the purpose of the storage. The knowledge is usually necessary for an initial storage period of three years. After expiry, a check is made to determine whether storage is still necessary, otherwise the data will be deleted to the exact day. If an issue is dealt with, the data will be deleted to the day three years after it has been dealt with. Entries in the debtor register are deleted to the exact day after three years from the date of the entry order in accordance with § 882e of the German Code of Civil Procedure (ZPO – Zivilprozessordnung). Further details can be found in the “Rules of conduct for the review and erasure periods of personal data by the German credit agencies” (Verhaltensregeln für die Prüf- und Löschfristen von personenbezogenen Daten durch die deutschen Wirtschaftsauskunfteien) set up by the association “Die Wirtschaftsauskunfteien e.V.”.

3. Rights of data subjects / right to object

You have a right to information from Creditreform Boniversum GmbH about your personal data stored there. If the data stored about you is incorrect, you have the right to have it corrected or deleted. If it is not possible to determine immediately whether the data is incorrect or correct, you have the right to have the respective data blocked until clarification. If your data is incomplete, you can request that it be completed. If you have given your consent to the processing of the data stored by Creditreform Boniversum GmbH, you have the right to revoke this consent at any time. The revocation does not affect the legality of the processing of your data based on your consent up to a possible revocation. If you have any objections, requests or complaints about data protection, you can contact the data protection officer at Creditreform Boniversum GmbH at any time. He will help you quickly and confidently in all questions of data protection. You can of course also complain about the processing of the data by Creditreform Boniversum GmbH to the data protection officer responsible for your federal state. The processing of the data stored at Creditreform Boniversum GmbH takes place for compelling reasons worthy of protection of the creditor and credit protection, which regularly outweigh your interests, rights and freedoms or serves to assert, exercise or defend legal claims. You can only object to the processing of your data by Creditreform Boniversum GmbH for reasons that arise from a particular situation that exists for you and that have to be proven. If such special reasons can be shown to exist, the data will no longer be processed there. Please direct any queries to our Consumer Service, Tel .: +49 2131/36845560, E-mail: Selbstauskunft@boniversum.de. You can also address an objection to data processing for reasons that arise from the particular situation of the data subject (Art. 21 para. 1 GDPR) to this point.

4. Profiling / scoring

In order to describe your creditworthiness, Creditreform Boniversum GmbH creates a score value for your data. Data on age and gender, address data and, in some cases, payment history data are included in the score. These data are weighted differently into the score calculation. Creditreform Boniversum customers use the scores as an aid when making their own credit decisions.

11. Integration of the Trusted Shops Trustbadge

The Trusted Shops Trustbadge is integrated on this website to display our Trusted Shops seal of approval and any reviews we may have collected, as well as to offer Trusted Shops products to buyers after an order has been placed. This serves to safeguard our predominantly legitimate interests in the optimal marketing of our offer in accordance with Art. 6 para. 1 sentence 1 point (f) GDPR. The Trustbadge and the services advertised with it are offered by Trusted Shops GmbH, Subbelrather Str.15C, 50823 Cologne. When the Trustbadge is called up, the web server automatically saves a so-called server log file, which contains, for example, your IP address, the date and time of the call, the amount of data transferred and the requesting provider (access data) and documents the call. This access data is not evaluated and is automatically overwritten no later than seven days after the end of your visit to the website. Further personal data will only be transferred to Trusted Shops if you have given your consent, have decided to use Trusted Shops products after completing an order or have already registered for their use. In this case, the contractual agreement made between you and Trusted Shops applies.

12. Social plugins

No “social plugins” are used on our website. We only have links to individual “social media services”. Please refer to the data protection information of the respective provider to find out which data is recorded and how it is used.

13. LiveChat

This website uses LiveChat, real-time chat software from LiveChat, Inc, One International Place, Suite 1400, Boston, MA 02110-2619, United States of America.

In order to enable a personal conversation in the form of a real-time chat with us, LiveChat uses text files that are stored on your device (“cookies”). The information generated by the cookie about the use of our website is usually transmitted to a LiveChat, Inc. server. in the USA and stored there.

The legal basis for data processing using LiveChat is the consent you gave before using the service in accordance with Art. 6 para. 1 point (a) GDPR. As an American company, LiveChat claims to follow the provisions of the General Data Protection Regulation (GDPR). Information on how LiveChat uses your data in connection with the GDPR is available here: https://www.livechatinc.com/general-data-protection-regulation/.

14. Security Measures

We take organizational, contractual and technical security measures in accordance with the state of the art to ensure that the data protection regulations are complied with and to protect the data processed by us against accidental or deliberate manipulation, loss, destruction or against access by unauthorized persons. The security measures include, in particular, the encrypted transmission of data between your browser and our server.

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Special provisions for data processing on our website

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2. Informational use / collected data / cookies

3. Google Analytics (with anonymization function)

4. Google AdWords

5. Google remarketing

6. Google customer reviews

7. Facebook Custom Audiences and Facebook Marketing Services

8. Use of offers on our website

8.1 Data processing for the purpose of concluding a contract

8.2 Contact form

8.3 Sending newsletters to customers of our online shop

9. Payment service providers

9.1 PayPal

10. Credit information

11. Integration of the Trusted Shops Trustbadge

12. Social plugins

13. LiveChat

14. Security Measures

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