privacy

privacy

This privacy policy explains the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) in the context of the provision of our services and within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”). . With regard to the terms used, such as “processing” or “controller,” we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Controller

digiheart LLC

1209 Mountain Road Place Northeast, Suite R

Alberquerque, NM, 87110

Email: support at digiheart dot co

Types of data processed

- Inventory data (e.g., personal master data, names, or addresses).

- Contact details (e.g., email, phone numbers).

- Content data (e.g., text entries, photographs, videos).

- Usage data (e.g., visited web pages, interest in content, access times).

- Meta/communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offering (hereinafter, we also refer to the data subjects collectively as “users”).

Purpose of processing

- Provision of the online offering, its functions, and content.

- Responding to contact requests and communicating with users.

- Security measures.

- Reach measurement/marketing

Terms used

“Personal data” is any information relating to an identified or identifiable natural person (hereinafter “data subject”); A natural person is considered identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier (e.g., cookie), or one or more special characteristics that express the physical, physiological, genetic, psychological, 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 handling of data.

“Pseudonymization” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

“Profiling” means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

“Controller” means the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data.

“Processor” means a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR, we inform you of the legal bases for our data processing. For users within the scope of the General Data Protection Regulation (GDPR), i.e., the EU and the EEC, the following applies if the legal basis is not specified in the privacy policy:

The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR;

The legal basis for processing for the purpose of performing our services and implementing contractual measures as well as responding to inquiries is Art. 6 (1) (b) GDPR;

The legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) 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.

The legal basis for the processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Art. 6 para. 1 lit. e GDPR.

The legal basis for processing to safeguard our legitimate interests is Art. 6 (1) lit. f GDPR.

The processing of data for purposes other than those for which it was collected is determined in accordance with the provisions of Art. 6 (4) GDPR.

The processing of special categories of data (in accordance with Art. 9 para. 1 GDPR) is governed by the provisions of Art. 9 para. 2 GDPR.

Security measures

In accordance with legal requirements, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access, input, transfer, availability, and separation. Furthermore, we have established procedures to ensure that data subjects' rights are exercised, data is deleted, and responses are made to data threats. Furthermore, we take the protection of personal data into account during the development or selection of hardware, software, and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings.

Cooperation with processors, joint controllers, and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors, joint controllers, or third parties), transfer it to them, or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g., if the transfer of data to third parties, such as payment service providers, is necessary for the fulfillment of a contract), users 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 disclose, transfer, or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, beyond that, on a basis that complies with legal requirements.

Transfers to third countries

If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA), or the Swiss Confederation) or if this occurs in the context of using third-party services or disclosing or transferring data to other persons or companies, this will only take place if it is necessary for the fulfillment of 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 only process or have data processed in a third country if the legal requirements 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 level of data protection equivalent to that of the EU or compliance with officially recognized special contractual obligations.

Rights of data subjects

You have the right to request confirmation as to whether data concerning you is being processed and to obtain information about this data, as well as further information and a copy of the data in accordance with the legal requirements.

In accordance with the legal requirements, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.

In accordance with legal requirements, you have the right to request that the data in question be deleted immediately or, alternatively, in accordance with legal requirements, to request a restriction on the processing of the data.

You have the right to request that the data concerning you that you have provided to us be retained in accordance with legal requirements and to request that it be transferred to other controllers.

You also have the right, in accordance with legal requirements, to lodge a complaint with the competent supervisory authority.

Right of withdrawal

You have the right to withdraw your consent with effect for the future.

Right to object

You can object to the future processing of data concerning you at any time in accordance with legal requirements. In particular, you can object to processing for direct marketing purposes.

Cookies and right to object to direct marketing

“Cookies” are small files that are stored on users' computers. Various types of information can be stored in cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent.” For example, the login status can be stored if users visit the site after several days. Such cookies can also store the interests of users, which are used for reach measurement or marketing purposes. Cookies that are offered by providers other than the controller operating the online service are referred to as “third-party cookies” (otherwise, if they are only the controller's cookies, they are referred to as “first-party cookies”).

We may use temporary and permanent cookies and provide information about this in our privacy policy.

If users do not want 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 lead to functional restrictions of this online offer.

A general objection to the use of cookies for online marketing purposes can be declared for a large number 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, the storage of cookies can be achieved by deactivating them in the browser settings.

Please note that in this case, not all functions of this online service may be available.

Deletion of data

The data we process will be deleted or restricted in its processing in accordance with legal requirements. 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 legal retention obligations that prevent deletion.

If the data is not deleted because it is required for other and 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 reasons.

Changes and updates to the privacy policy

We ask you to regularly review the content of our privacy policy. We will amend the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require action on your part (e.g., consent) or other individual notification.

Business-related processing

In addition, we process

- Contract data (e.g., subject matter of the contract, term, customer category).

- Payment data (e.g., bank details, payment history)

from our customers, interested parties, and business partners for the purpose of providing contractual services, customer care, marketing, advertising, and market research.

Order processing in the online shop and customer account

We process our customers' data as part of the ordering process in our online shop to enable them to select and order the chosen products and services, as well as to pay for and receive delivery or execution of these.

The data processed includes inventory data, communication data, contract data, payment data, and the persons affected by the processing include our customers, interested parties, and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery, and customer service. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

The processing is carried out for the purpose of fulfilling our services and implementing contractual measures (e.g., execution of order processes) and insofar as it is required by law (e.g., legally required archiving of business transactions for commercial and tax purposes). The information marked as required is necessary for the establishment and fulfillment of the contract. We only disclose the data to third parties in the context of delivery, payment, or within the scope of legal permissions and obligations, as well as when this is based on our legitimate interests, about which we inform you in this privacy policy (e.g., to legal and tax advisors, financial institutions, freight companies, and authorities).

Users can optionally create a user account, which allows them to view their orders in particular. During registration, users are informed of the required mandatory information. User accounts are not public and cannot be indexed by search engines.

When users cancel their user accounts, their data relating to the user account is deleted, unless it needs to be retained for commercial or tax reasons. Information in the customer account remains until it is deleted and subsequently archived in the event of a legal obligation or our legitimate interests (e.g., in the event of legal disputes). . It is the responsibility of users to back up their data before the end of the contract upon termination.

When registering, logging in again, and using our online services, we store the IP address and the time of the respective user action. Storage is based on our legitimate interests, as well as those of users, in protection against misuse and other unauthorized use. This data is not passed on to third parties unless it is necessary to pursue our legal claims as a legitimate interest or there is a legal obligation to do so.

The data is deleted after the expiry of statutory warranty and other contractual rights or obligations (e.g., payment claims or performance obligations from contracts with customers), whereby the necessity of storing the data is reviewed every three years; in the case of storage due to statutory archiving obligations, the data is deleted after the expiry of these obligations.

Agency services

We process our customers' data within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services, and training services.

In doing so, we process inventory data (e.g., customer master data such as names or addresses), contact data (e.g., email, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of the contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., in the context of evaluating and measuring the success of marketing measures). We do not process special categories of personal data as a matter of principle, unless these are part of commissioned processing. The data subjects include our customers, interested parties, and their customers, users, website visitors, or employees, as well as third parties. The purpose of processing is to provide contractual services, billing, and customer service. The legal basis for processing is Art. 6 (1) (b) GDPR (contractual services), Art. 6 (1) (f) GDPR (analysis, statistics, optimization, security measures). We process data that is necessary for the establishment and fulfillment of contractual services and point out the necessity of providing this data. Disclosure to external parties only takes place if it is necessary within the scope of an order. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with Art. 28 GDPR and do not process the data for any purposes other than those specified in the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, the data is deleted after their expiry (6 years, in accordance with Section 257 (1) HGB, 10 years, in accordance with Section 147 (1) AO).

In the case of data disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.

Therapeutic services and coaching

We process the data of our clients and interested parties and other clients or contractual partners (collectively referred to as “clients”) in accordance with Art. 6 (1) lit. b) GDPR in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope, and purpose of the processing, and the necessity of the processing are determined by the underlying contractual relationship. The data processed generally includes inventory and master data of clients (e.g., name, address, etc.), as well as contact details (e.g., email address, telephone number, etc.), contract data (e.g., services used, fees, names of contact persons, etc.) and payment data (e.g., bank details, payment history, etc.).

Within the scope of our services, we may also process special categories of data in accordance with Art. 9 (1) GDPR, in particular information about the health of clients, possibly with reference to their sex life or sexual orientation, ethnic origin, or religious or ideological beliefs. To this end, we obtain, where necessary, in accordance with Art. 6 (1) (a), Art. 7, Art. 9 (2) (a) GDPR, and otherwise process the special categories of data for health care purposes on the basis of Art. 9 (2) (h) GDPR, § 22 (1) No. 1 b. BDSG.

If necessary for the performance of the contract or required by law, we disclose or transfer client data in the course of communication with other professionals, third parties typically or necessarily involved in the performance of the contract, such as billing centers or comparable service providers, provided that this serves the provision of our services in accordance with Art. 6 (1) (b) GDPR, is required by law pursuant to Art. 6 (1) (c) GDPR, serves our interests or those of our clients in efficient and cost-effective healthcare as a legitimate interest pursuant to Art. 6 (1) (f) GDPR, or is necessary pursuant to Art. 6 (1) (d) GDPR. to protect the vital interests of clients or another natural person or within the scope of consent pursuant to Art. 6 (1) (a), Art. 7 GDPR.

The data will be deleted when it is no longer necessary for the fulfillment of contractual or statutory duties of care and the handling of any warranty and comparable obligations, whereby the necessity of storing the data is reviewed every three years; otherwise, the statutory retention obligations apply.

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients, or contractual partners (collectively referred to as “contractual partners”) in accordance with Art. 6 (1) (b) GDPR in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope, and purpose of the processing, and the necessity of the processing are determined by the underlying contractual relationship.

The data processed includes the master data of our contractual partners (e.g., names and addresses), contact details (e.g., email addresses and telephone numbers), contract data (e.g., services used, contract content, contractual communication, names of contact persons), and payment data (e.g., bank details, payment history).

As a matter of principle, we do not process special categories of personal data unless they are part of commissioned or contractual processing.

We process data that is necessary for the establishment and fulfillment of contractual services and point out the necessity of providing this data if it is not evident to the contractual partners. Disclosure to external persons or companies only takes place if it is necessary within the framework of a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client and the legal requirements.

When using our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of users in protection against misuse and other unauthorized use. This data will not be passed on to third parties unless it is necessary for the pursuit of our claims in accordance with Art. 6 (1) lit. f. GDPR or there is a legal obligation to do so in accordance with Art. 6 (1) lit. c. GDPR.

The data is deleted when it is no longer required for the fulfillment of contractual or statutory duties of care or for the handling of any warranty and comparable obligations, whereby the necessity of storing the data is reviewed every three years; otherwise, the statutory retention obligations apply.

External payment service providers

We use external payment service providers whose platforms enable users and us to carry out payment transactions (e.g., with links to the respective privacy policies, PayPal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)

We use payment service providers for the purpose of fulfilling contracts on the basis of Art. 6 (1) (b) GDPR. In addition, we use external payment service providers on the basis of our legitimate interests pursuant to Art. 6 (1) (f) GDPR in order to offer our users effective and secure payment options.

The data processed by the payment service providers includes inventory data, such as name and address, bank details, such as account numbers or credit card numbers, passwords, TANs, and checksums, as well as contract, sum, and recipient-related information. This information is necessary to carry out the transactions. However, the data entered is only processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information confirming or denying the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to verify identity and creditworthiness. For more information, please refer to the terms and conditions and privacy policy of the payment service providers.

Payment transactions are subject to the terms and conditions and privacy policies of the respective payment service providers, which can be accessed on their respective websites or transaction applications. We also refer to these for further information and the assertion of rights of revocation, information, and other rights of data subjects.

Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks and the organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The basis for processing is Art. 6 (1) (c) GDPR and Art. 6 (1) (f) GDPR. Customers, interested parties, business partners, and website visitors are affected by the processing. The purpose and our interest in the processing lies in administration, financial accounting, office organization, and archiving of data, i.e., tasks that serve to maintain our business activities, perform our tasks, and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information specified for these processing activities.

In this context, we disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee collection agencies and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, event organizers, and other business partners, e.g., for the purpose of contacting them at a later date. We generally store this data, most of which is company-related, on a permanent basis.

Business analyses and market research

In order to operate our business economically and to identify market trends and the wishes of our contractual partners and users, we analyze the data available to us on business transactions, contracts, inquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data, and metadata on the basis of Art. 6 (1) lit. f. GDPR, whereby the data subjects include contractual partners, interested parties, customers, visitors, and users of our online offering.

The analyses are carried out for the purpose of business evaluations, marketing, and market research. In doing so, we may take into account the profiles of registered users with information, e.g., on the services they have used. The analyses serve to increase user-friendliness, optimize our offering, and improve business efficiency. The analyses are for our use only and are not disclosed externally, unless they are anonymous analyses with summarized values.

If these analyses or profiles are personal, they are deleted or anonymized when the user terminates their account, or otherwise after two years from the conclusion of the contract. In addition, the overall business analyses and general trend determinations are created anonymously wherever possible.

Participation in affiliate partner programs

Within our online offering, we use industry-standard tracking measures based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering) in accordance with Art. 6 (1) (f) GDPR, insofar as these are necessary for the operation of the affiliate system. Below, we explain the technical background to users.

The services offered by our contractual partners may also be advertised and linked on other websites (so-called affiliate links or after-buy systems, e.g. if links or services of third parties are offered after a contract has been concluded). The operators of the respective websites receive a commission if users follow the affiliate links and subsequently take advantage of the offers.

In summary, it is necessary for our online offering that we can track whether users who are interested in affiliate links and/or the offers available from us subsequently take advantage of the offers at the instigation of the affiliate links or our online platform. For this purpose, the affiliate links and our offers are supplemented by certain values that can be set as part of the link or elsewhere, e.g., in a cookie.

These values include, in particular, the originating website (referrer), the time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, an online identifier of the user, as well as tracking-specific values such as advertising material ID, partner ID, and categorizations.

The online identifiers we use for users are pseudonymous values. This means that the online identifiers themselves do not contain any personal data such as names or email addresses. They only help us to determine whether the same user who clicked on an affiliate link or expressed interest in an offer via our online offering has taken advantage of the offer, i.e., has concluded a contract with the provider. However, the online identifier is personal insofar as the partner company and we have the online identifier together with other user data. Only in this way can the partner company inform us whether the user has taken advantage of the offer and we can, for example, pay out the bonus.

Amazon Partner Program

We are based on our legitimate interests (i.e. interest in the economic operation of our online offering within the meaning of Art. 6 (1) lit. f. GDPR) participants in the Amazon EU partner program, which was designed to provide a medium for websites through which advertising costs can be reimbursed by placing advertisements and links to Amazon.de (so-called affiliate system). This means that as an Amazon partner, we earn money from qualifying purchases.

Amazon uses cookies to track the origin of orders. Among other things, Amazon can recognize that you clicked on the affiliate link on this website and then purchased a product from Amazon.

For more information on Amazon's use of data and how to object, please refer to the company's privacy policy: https://www.amazon.de/gp/help/customer/display.html?nodeId=201909010.

Note: Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or one of its affiliates.

Digistore24 affiliate program

Based on our legitimate interests (i.e., interest in the economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we are participants in the affiliate program of Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Germany, which was designed to provide a medium for websites through which advertising costs can be reimbursed by placing advertisements and links to Digistore24 (so-called affiliate system). Digistore24 uses cookies to track the origin of the contract conclusion. Among other things, Digistore24 can recognize that you clicked on the partner link on this website and then concluded a contract with or via Digistore24.

Further information on the use of data by Digistore24 and options for objection can be found in the company's privacy policy: https://www.digistore24.com/page/privacyl.

Data protection information in the application process

We process applicant data only for the purpose and within the scope of the application process in accordance with legal requirements. The processing of applicant data is carried out to fulfill our (pre)contractual obligations within the framework of the application process in accordance with Art. 6 (1) lit. b. GDPR Art. 6 (1) lit. f. GDPR if data processing becomes necessary for us, e.g., in the context of legal proceedings (in Germany, § 26 BDSG also applies).

The application process requires applicants to provide us with their application data. The necessary application data is marked if we offer an online form, otherwise it is derived from the job descriptions and generally includes personal details, postal and contact addresses, and the documents associated with the application, such as cover letters, resumes, and references. In addition, applicants can voluntarily provide us with additional information.

By submitting their application to us, applicants consent to the processing of their data for the purposes of the application process in accordance with the type and scope set out in this privacy policy.

If special categories of personal data within the meaning of Art. 9 (1) GDPR are voluntarily provided during the application process, they will also be processed in accordance with Art. 9 (2) lit. b GDPR (e.g., health data, such as severe disability or ethnic origin). If special categories of personal data within the meaning of Art. 9 (1) GDPR are requested from applicants as part of the application process, their processing will also be carried out in accordance with Art. 9 (2) (a) GDPR (e.g., health data, if this is necessary for the performance of the job).

If provided, applicants can submit their applications to us using an online form on our website. The data is transmitted to us in encrypted form in accordance with the state of the art.

Applicants can also send us their applications by email. However, please note that emails are generally not sent in encrypted form and applicants must ensure encryption themselves. We therefore cannot accept any responsibility for the transmission of the application between the sender and the receipt on our server and therefore recommend using an online form or postal mail. Instead of applying via the online form and email, applicants still have the option of sending us their application by post.

The data provided by applicants may be further processed by us for the purposes of the employment relationship in the event of a successful application. Otherwise, if the application for a job offer is unsuccessful, the applicant's data will be deleted. Applicants' data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.

Subject to a justified revocation by the applicant, the deletion takes place after a period of six months so that we can answer any follow-up questions regarding the application and fulfill our obligations to provide evidence under the Equal Treatment Act. Invoices for any travel expense reimbursements are archived in accordance with tax regulations.

Registration function

Users can create a user account. During registration, users are informed of the required mandatory information, which is processed on the basis of Art. 6 (1) lit. b GDPR for the purpose of providing the user account. The data processed includes, in particular, login information (name, password, and email address). The data entered during registration is used for the purposes of using the user account and its purpose.

Users can be informed by email about information relevant to their user account, such as technical changes. If users have terminated their user account, their data relating to the user account will be deleted, subject to any legal retention obligations. It is the responsibility of users to back up their data before the end of the contract upon termination. We are entitled to irretrievably delete all user data stored during the term of the contract.

When using our registration and login functions and the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as those of the user, in 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 (1) (c) GDPR. IP addresses will be anonymized or deleted after 7 days at the latest.

Contact

When contacting us (e.g. via contact form, email, telephone or social media), the user's details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 (1) lit. b. (within the framework of contractual/pre-contractual relationships), Art. 6 (1) lit. f. (other inquiries) GDPR. The user's information may be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization system.

We delete the inquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.

The following information provides details about the content of our newsletter, the registration, dispatch, and statistical evaluation procedures, and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.

Content of the newsletter: We send newsletters, emails, and other electronic notifications with promotional information (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. If the content of the newsletter is specifically described during registration, it is decisive for the consent of the users. In addition, our newsletters contain information about our services and us.

Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can register with someone else's email address. Newsletter registrations are logged in order to be able to verify the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Changes to your data stored by the mailing service provider are also logged.

Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name for personalization in the newsletter.

The newsletter is sent and its success measured on the basis of the recipient's consent in accordance with Art. 6 (1) (a) Art. 7 GDPR in conjunction with Section 7 (2) No. 3 UWG (German Unfair Competition Act) or, if consent is not required, on the basis of our legitimate interests in direct marketing in accordance with Art. 6 (1) lit. f GDPR in conjunction with Section 7 (3) UWG.

The registration process is logged on the basis of our legitimate interests pursuant to Art. 6 (1) (f) GDPR. Our interest is in using a user-friendly and secure newsletter system that serves our business interests, meets user expectations, and allows us to verify consent.

Cancellation/revocation - You can cancel your subscription to our newsletter at any time, i.e., revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed email addresses for up to three years based on our legitimate interests before deleting them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time.

Newsletter - Shipping service provider

The newsletter is sent by the shipping service provider [NAME, ADDRESS, COUNTRY]. You can view the shipping service provider's privacy policy here: [LINK TO THE DATA PROTECTION PROVISIONS]. The mailing service provider is used on the basis of our legitimate interests pursuant to Art. 6 (1) lit. f. GDPR and a data processing agreement pursuant to Art. 28 (3) sentence 1 GDPR.

The shipping service provider may use the recipients' data in pseudonymous form, i.e., without assigning it to a user, to optimize or improve its own services, e.g., for technical optimization of the shipping and presentation of the newsletters or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

Newsletter - Success measurement

The newsletters contain a so-called “web beacon,” i.e., a pixel-sized file that is retrieved from our server or, if we use a shipping service provider, from their server when the newsletter is opened. As part of this retrieval, technical information such as information about your browser and your system, as well as your IP address and the time of retrieval, is initially collected.

This information is used to improve the services on the basis of the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined using the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened, and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the mailing service provider to observe individual users. Rather, the evaluations serve to identify 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.

Unfortunately, it is not possible to separately revoke the performance measurement; in this case, the entire newsletter subscription must be canceled.

Hosting and email delivery

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services, and technical maintenance services, which we use for the purpose of operating this online offering.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties, and visitors to this online offer on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art. 6 (1) lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

Collection of access data and log files

We, or our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 (1) lit. f. GDPR.

The access data includes the name of the website accessed, the file, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address, and the requesting provider.

Log file information is stored for security reasons (e.g. to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data that must be retained for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.

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 para. 1 lit. 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 Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on the activities within this online offering, and to provide us with other services related to the use of this online offering and the Internet. In doing so, pseudonymous user profiles can be created from the processed data.

We only use Google Analytics with IP anonymization enabled. This means that the IP address of users will be truncated by Google within member states of the European Union or in other signatory states 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 truncated there.

The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software settings accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online service, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

For more information on Google's use of data, settings, and options for objection, please refer to Google's privacy policy (https://policies.google.com/privacy) and the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

Users' personal data is deleted or anonymized after 14 months.

Google Adsense with personalized ads

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) lit. f. GDPR), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”) 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 para. 1 lit. f. GDPR).

We use the AdSense service, which displays ads on our website and pays us for their display or other use. For these purposes, usage data, such as clicks on an ad and the IP address of the user, is processed, with the last two digits of the IP address being truncated. Therefore, the processing of user data is pseudonymized.

We use AdSense with personalized ads. Google draws conclusions about users' interests based on the websites they visit or the apps they use and the user profiles created in this way. Advertisers use this information to tailor their campaigns to these interests, which is beneficial for both users and advertisers. For Google, ads are personalized when collected or known data determines or influences the selection of ads. This includes, among other things, previous search queries, activities, website visits, app usage, demographic and location information. Specifically, this includes: demographic targeting, interest category targeting, remarketing, and targeting based on customer match lists and audience lists uploaded to DoubleClick Bid Manager or Campaign Manager.

For more information about Google's use of data, settings, and opt-out options, please refer to Google's privacy policy (https://policies.google.com/technologies/ads) and the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

Facebook Pixel, Custom Audiences, and Facebook Conversion

Within our online offering, we use the so-called “Facebook Pixel” from 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”).

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).

With the help of the Facebook pixel, Facebook is able to identify visitors to our online offering as a target group for the display of 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, which are 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 do not appear 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 were redirected to our website after clicking on a Facebook ad (so-called “conversion”).

The processing of data by Facebook is carried out within the framework of Facebook's data use policy.

Accordingly, general information on the display of Facebook ads can be found in Facebook's data use policy: https://www.facebook.com/policy. Specific information and details about 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 for the display of Facebook ads. To set which types of ads are displayed to you within Facebook, you can visit the page set up by Facebook and follow the instructions on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e., they are applied to all devices, such as desktop computers or mobile devices.

You can also object to the use of cookies for reach measurement and advertising purposes via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and additionally via the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/ your-ad-choices/).

Created with Datenschutz-Generator.de by attorney Dr. Thomas Schwenke