Brockhaus HEUER GmbH Oestertalstr. 54 D-58840 Plettenberg
+49 (0) 23 91 / 6029-0 email@example.com
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Company: Brockhaus Heuer GmbH Address: Oestertalstr. 54 Zip code, city, country: 58840 Plettenberg
Status: December 2022
1. Basic information on data processing and legal basis
1.2. The terms used, such as "personal data" or their "processing" refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
2. Types of data processed/categories of data subjects
2.1. The personal data of users processed within the framework of this online offer include: • Inventory data (names and addresses of customers), • contact information (e.g., email, phone numbers), • communication data, • contractual data (services used, names of clerks, payment information), • usage data (the web pages visited on our website, interest in our products) • meta/communication data (device information, IP addresses) and • content data (entries in the contact form).
2.2. The term "user" includes all categories of persons affected by data processing. They include our business partners, customers, interested parties and other visitors to our online offering.
2.3. We process users' personal data only in compliance with the relevant data protection provisions. This means that the users' data will only be processed if a legal permission exists, in particular if the data processing is necessary for the provision of our contractual services (e.g., processing of orders) as well as online services, or is required by law, or if the users have given their consent, as well as on the basis of our legitimate interests (i.e., interest in the analysis, optimization and economic operation and security of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR, in particular in the case of range measurement, creation of profiles for advertising and marketing purposes as well as collection of access data and use of third-party services.
2.4. We would like to point out that the legal basis for the consents is Art. 6 para. 1 lit. a. and Art. 7 GDPR, the legal basis for the processing for the fulfillment of our services and implementation of contractual measures Art. 6 para. 1 lit. b. GDPR, the legal basis for processing to fulfill our legal obligations Art. 6 para. 1 lit. c. GDPR, and the legal basis for processing to protect our legitimate interests Art. 6 para. 1 lit. f. GDPR.
2.5. The following persons are affected by the data processing: • contracting and business partners, • users of our online offering, • Interested parties who are interested in our online offer or contact us for other reasons and • customers.
3. Security measures We take appropriate organizational, contractual and technical security measures in the sense of Art 32. GDPR according to the state of the art, taking into account the implementation costs and the nature, scope, circumstances and purposes of the data processing, as well as the varying likelihood and severity of the risk to the rights and freedoms, in order to ensure an adequate level of protection for your data. We hereby ensure compliance with the provisions of data protection laws and protect this data against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.
3.1. The security measures include in particular the encrypted transmission of data between your browser and our server. You can recognize such encrypted connections by the fact that the URL in the address bar of your browser begins with "https://". This is a communication protocol with which data can be transmitted in a tap-proof manner as part of a transport encryption.
4. Disclosure of data to third parties and third-party providers
4.1. Data is only passed on to third parties within the framework of legal requirements. We only pass on user data to third parties if this is necessary, for example, on the basis of Art. 6 Para. 1 lit. b GDPR for contractual purposes or on the basis of legitimate interests pursuant to Art. 6 Para. 1 lit. f. GDPR in the economic and effective operation of our business.
4.2. We only use subcontractors to provide our services if we have taken suitable legal precautions and appropriate technical and organizational measures to ensure the protection of the personal data processed in accordance with the relevant statutory provisions.
4.4. If we use a third-party provider whose registered office is located in a third country (outside the European Union (EU) or the European Economic Area), it must be assumed that data is transferred to the countries where the third-party provider is based. The transfer of data to third countries only takes place if there is an adequate level of data protection, user consent or otherwise legal permission.
5. Provision of contractual services
5.1. We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. GDPR. We inform the contractual partners which data is required for the aforementioned purposes before or in the course of data collection, e.g., in online forms, by special marking (e.g., colors) or symbols (e.g., asterisks or similar), or in person. Within the scope of applicable law, we only disclose this data to third parties to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations or with your consent (e.g., to participating telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities).
5.2. We delete the data after the expiry of legal warranty and comparable obligations, i.e., in principle after the expiry of 4 years, unless the data is stored in a customer account, e.g., as long as it must be retained for legal archiving reasons (e.g., for tax purposes usually 10 years). We delete data disclosed to us by the contractual partner within the framework of a contractual relationship in accordance with the requirements of the contract, generally after the contractual services have been performed.
5.3. Users can optionally create a user account, in which they can view their orders in particular. As part of the registration process, users are provided with the required mandatory information. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c GDPR. It is the responsibility of the users to save their data in the event of termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
5.4. Within the scope of registration and renewed logins as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so pursuant to Art. 6 para. 1 litt. c GDPR.
5.5. We process usage data (e.g., the web pages visited on our website, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile, for example to display product information to users based on the services they have used to date.
6.1. When contacting us (via contact form or e-mail), the user's data are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b GDPR. Here, we only process the data that we need to process your request.
6.2. User information may be stored in our Customer Relationship Management System ("CRM System") or comparable inquiry organization.
7. Web Hosting
7.1. In order to provide our online offer securely and efficiently, we use the services of the web hosting provider Mittwald CM Service GmbH & Co. KG, Königsberger Str. 4-6, 32339 Espelkamp, from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.
7.2. We collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, 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.
7.3. Log file information is stored for security reasons (e.g., for the clarification of abuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the final clarification of the respective incident.
7.4. The web hosting services also include sending, receiving as well as storing e-mails. For these purposes, the addresses of the recipients and senders, but also further information about the e-mail dispatch (e.g., the providers involved), including contents of the respective e-mails are processed. Even though our e-mail communications have transport route encryption, they are not encrypted on the servers from which they are sent and received. The content of e-mail communications is therefore fundamentally susceptible to manipulation.
8. Cookies & Reich Measurement
8.2. We use "session cookies", which are only stored for the duration of the current visit to our online presence (e.g., to enable the storage of your login status or the shopping cart function and thus the use of our online offer). In a session cookie, a randomly generated unique identification number is stored, a so-called session ID. In addition, a cookie contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online offer and log out or close the browser, for example.
8.3. If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser.
9. Google Analytics
9.2. With Google, the existence of so-called standard contractual clauses that ensure an appropriate level of data protection for the processing of personal data in the USA.
9.3. Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and the Internet. In doing so, pseudonymous usage profiles of the users can be created from the processed data.
9.4. We only use Google Analytics with IP anonymization activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.
9.5. The IP address transmitted by the user's browser is not merged with other data from Google. Users may prevent the storage of cookies by selecting the appropriate settings on their browser software; users may also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: tools.google.com/dlpage/gaoptout.
9.6. For more information about Google's data use, settings and opt-out options, please visit Google's websites: policies.google.com/technologies/partner-sites ("Data use by Google when you use our partners' websites or apps"), policies.google.com/technologies/ads ("Data use for advertising purposes"), myadcenter.google.de ("Manage information Google uses to serve you ads").
10.1. With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.
10.2. We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. Insofar as the contents of the Newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. In addition, our newsletters contain information about our products, offers, promotions and our company.
10.3. The registration for our newsletter takes place in a so-called double opt-in process. This means that after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with other email addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise, the changes to your data stored with the shipping service provider are logged.
10.4. To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to provide a name, for the purpose of personal address in the newsletter.
10.5. You can cancel the receipt of our newsletter at any time, i.e., revoke your consents. This will simultaneously terminate your consent to its dispatch by the dispatch service provider and the statistical analyses. A separate cancellation of the dispatch by the dispatch service provider or the statistical analysis is unfortunately not possible. A link to cancel the newsletter can be found at the end of each newsletter. If users have only registered for the newsletter and cancelled this registration, their personal data will be deleted.
11. Video Integration
11.1. We use videos on our website. For this purpose, we use the external service provider Vimeo.com, Inc., 330 West 34th Street, 5th Floor, New York, New York 10001, USA ("Vimeo"). This ensures that our website and the videos are loaded sufficiently quickly.
11.3. The legal basis for the transmission of the technically required data to Vimeo is Art. 6 para. 1 litt. f. GDPR.
11.4. In order to ensure an appropriate level of data protection when transferring data to the USA, we have concluded EU standard contractual clauses with the provider. In addition, the videos are integrated in the "Do Not Track" variant, so that no personal data is transmitted beyond what is absolutely necessary.
12. Rights of the data subject If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
12.1. Right to information You may request confirmation from the controller as to whether personal data concerning you is being processed by us. If there is such processing, you may request information from the controller about the following: • the purposes for which the personal data are processed; • the categories of personal data which are processed; • the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed; • the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration; • the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing; • the existence of a right of appeal to a supervisory authority; • any available information on the origin of the data, if the personal data are not collected from the data subject; • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject. You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
12.2. Right to rectification You have a right to rectification and/or completion vis-à-vis the controller, insofar as the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
12.3. Right to restriction of processing Under the following conditions, you may request the restriction of the processing of personal data concerning you: • if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data; • the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data; • the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or • if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds. Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
12.4. Right to deletion a) Obligation to delete You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue delay, if one of the following reasons applies: • The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed. • You revoke your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a GDPR and there is no other legal basis for the processing. • You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR. • The personal data concerning you have been processed unlawfully. • The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. • The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR. b) Information to third parties If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data. c) Exceptions The right to erasure does not exist insofar as the processing is necessary to • to exercise the right to freedom of expression and information; • for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; • for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) GDPR; • for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or • for the assertion, exercise or defense of legal claims.
12.5. Right to information If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients by the data controller.
12.6. Right to data portability You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have 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 consent pursuant to Art. 6 (1) a GDPR or Art. 9 (2) a GDPR or on a contract pursuant to Art. 6 (1) b GDPR and • the processing is carried out with the help of automated procedures. In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
12.7. Right of objection You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
12.8. Right to revoke the declaration of consent under data protection law You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
12.9. Automated decision in individual cases including profiling You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision • is necessary for the conclusion or fulfillment of a contract between you and the controller, • is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or • is done with your express consent. However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests. With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
12.10. Right to complain to a supervisory authority Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
13. Data deletion
13.1. The data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. Deletion will also take place in particular if other permissible circumstances cease to apply. If user data is not deleted because it is required for other and legally permissible purposes, its processing is restricted, i.e. the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for reasons of commercial or tax law.
13.2. In accordance with legal requirements, storage is for 6 years pursuant to Section 257 (1) HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years pursuant to Section 147 (1) AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
14. Right of objection Users may object to the future processing of their personal data in accordance with the legal requirements at any time. The objection can be made in particular against the processing for purposes of direct advertising.
15.1. We reserve the right to change the data protection declaration in order to adapt it to changed legal situations, or in the event of changes to the service as well as data processing. However, this only applies with regard to declarations on data processing. Insofar as user consents are required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users.
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