Privacy Policy

We always process your data in accordance with the law, in particular the Telemedia Act, REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data, on free movement of data and repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter DSGVO) and the Federal Data Protection Act, insofar as it still applies.

1. General Information

(1) This Privacy Policy explains which information is saved when you visit our website and how it is used. This statement also explains how to verify the accuracy of the personal information we saved about you and how to delete, block or update such personal information in our database.

(2) In principle, we process personal data of our users only to the extent necessary for the provision of a functional website and our content and services. Further uses are listed in the following provisions. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent cannot be obtained for reasons of fact and the processing of the data is permitted by law.

(3) Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU-Datenschutzgrundverordnung (DGSVO) as legal basis. In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO as legal basis. This also applies to processing operations required to carry out pre-contractual actions. Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, Art. 6 para. 1 lit. c DSGVO as legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis. If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f DSGVO as legal basis for processing.

(4) Data erasure and storage duration the personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is deleted. In addition, such storage may be provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.

(5) Transfer of personal data
If your data is passed on to other companies or subcontractors, this will only be done in compliance with the present data protection regulations and the statutory provisions as well as to fulfill the contractual obligations, e.g. can if necessary. The provider can see corresponding statistics. Without your express consent, we will not transfer your personal data to third parties outside the company. External service providers who process data on behalf of us are contractually obliged. In particular, these service providers are prohibited from using your data for anything other than the original underlying purposes. We will provide third parties with data beyond the data provided by you, in particular such data that you have made available to us for purely contractual purposes for internal purposes only in the case of a corresponding legal obligation or for the exercise of legitimate interests. Due to legal requirements, it may happen that we are obliged to store your data beyond the period of your use of our website, especially for tax purposes. However, we will always only make a storage to the required extent, taking the statutory provisions into account.

(6) Storage location
Your data will be processed on servers located in Germany and thus within the scope of the EU data protection level. However, we advert to any exemptions according to no. 3 of these regulations.

2. Collection of personal data

a. Collection of general data when visiting a website
(1) In a simple website visit, we store only access data in the context of so-called server log files. This is data that your browser makes available and which are not related to persons:
- browser type / version
- operating system used
- referrer URL (the previously visited page)
- websites that are accessed by the user's system through our website
- the Internet service provider of the user
- host name of the accessing computer (IP address)
- time and date of the server request.
These data can not be assigned to specific persons. A merge of this data with other data sources is not performed, the data is also deleted after a statistical evaluation. For this purpose, the user's access to our web pages is stored in the server log files, including the IP address. These log files are prepared for statistical purposes on a monthly basis with an analysis software and then deleted. A conclusion to a certain person is not possible when using the data by us.

(2) The processing of these data is based on Article 6 (1) (f) DGSVO. On the one hand, the legitimate interests already arise from the necessity to present and optimize the content of the website in a technically correct manner. Furthermore, the survey is necessary to ensure the functionality of the website in the event of attacks by third parties and to allow prosecution of such attacks.

(3) Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. To do this, the user's IP address must be kept for the duration of the session. For these purposes, our legitimate interest in the processing of data according to Art. 6 para. 1 lit. f DSGVO.

(4) The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.

5) The collection of the data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.

b. Collection of personal data on a contractual basis

(1) Some features of our website require the visitor to collect personal information, such as personal information. Name, e-mail or postal address. Names and details can be given here voluntarily. The processing is preceded by the consent of the user, Art. 6 (1) (a) DSGVO, or on a voluntary basis.

(2) The processing of the abovementioned data is otherwise based on Article 6 (1) (b) GDPR. The necessity is here for the purpose of establishing contact with the contract, the fulfillment of a possible contract, or the implementation of other pre-contractual measures given. If there should be a legal obligation requiring the processing of personal data, such as the exercise of tax obligations, the basis for the processing is Article 6 (1) (c). DSGVO.

3. Cookies

(1) Our website uses cookies. Cookies are text files that are stored in the Internet browser or the Internet browser on the user's computer system. When a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.

(2) There are cookies that are deleted after the end of the browser session (so-called session ID cookies). The cookies are used for the purpose of authorization, identification and obtaining specific information such as information on whether you wish to remain logged in. The cookies are automatically deleted after one hour.

(3) The user data collected in this way shall be pseudonymised by means of technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data will not be stored together with other personal data of the users.

(4) When accessing our website, users are informed by an information banner about the use of cookies for analysis purposes and referred to this privacy policy or, if necessary, a consent to the processing of personal data in connection with cookies obtained. In this context, there is also an indication of how the storage of cookies in the browser settings can be prevented.

(5) In addition, if cookies are stored on your PC, you have control over whether and when these cookies are deleted. Please use the corresponding function in your browser.

(6) With most Internet browsers, you can delete cookies from your hard drive, lock them, or receive a warning before a cookie is deposited. You can set your browser so that you are informed about the setting of cookies, decide on a case-by-case basis, or rule out the acceptance of cookies. Failure to accept cookies may limit the functionality of our website. Please refer to the user manual of your browser or the manufacturer of the browser for how to set the programs accordingly.

(7) We will associate such automatically stored information only with your prior consent with the personal data that you have provided to us previously (for example, at registration) on our websites.

(8) The use of data from set cookies is based on Art. 6 f) of the GDPR for the protection of legitimate interests, whereby we assume that your interests, fundamental rights and freedoms are not restricted by this, as personal data is neither stored by us nor by Third be won. Rather, it is statistical data, although your user behavior and if necessary. other factors are or are pricing, but not data that may lead to an individual identification.

4. Data security

(1) We secure our websites and the associated systems by technical and organizational measures against loss, destruction, access, modification or dissemination of your data by unauthorized persons.

(2) You should always keep your access information confidential and close the browser window when you have finished using it, especially if you share the computer with others to prevent misuse of your account.

(3) We are not liable for the content of other providers, which can be reached via the hyperlinks on our websites. Links on our website refer to content that is not stored on our own servers. External content was checked for links for illegality and criminal liability. Nevertheless, it can not be ruled out that content will be changed by vendors in retrospect.

5. Contact form / E-Mail

(1) For the processing of the data, your consent is obtained during the sending process and reference is made to this Privacy Policy.

(2) Alternatively, contact via the provided e-mail address is possible. In this case, the user's personal data transmitted by e-mail will be stored.

(3) In this context, there will be no disclosure of the data to third parties. The data is used exclusively for processing the conversation.

(4) Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a DSGVO.

(5) The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f DSGVO. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

(6) The processing of the personal data from the input mask serves us only for processing the contact. In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems. The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.

(7) Additional personal data collected during the sending process will be deleted at the latest after a period of seven days.

(8) The user has the option at any time to revoke his consent to the processing of personal data by notifying him by e-mail or post to the responsible office (s.u.). If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation can not continue. All personal data stored in the course of contacting will be deleted in this case.

6. SSL encryption

This site uses SSL encryption for security reasons and to protect the transmission of sensitive content, such as the requests you send to us as the site operator. You can recognize an encrypted connection by changing the address line of the browser from "http: //" to "https: //" and the lock symbol in your browser line. If SSL encryption is enabled, the data you submit to us can not be read by third parties.

7.Privacy in the payment area

In the area of ​​card payment (direct debit / girocard / credit cards) we work together with Concardis GmbH (Concardis), Helfmann Park 7, D-65760 Eschborn, represented by its managing directors Mark Freese, Jens Mahlke and Luca Zanotti. In this context, in addition to the purchase amount and date, card data is also transmitted to the above-mentioned company. All payment data and data on any chargebacks that may occur are only stored as long as they are needed for the processing of payments (including the processing of possible chargebacks and collection of receivables) and for the fight against abuse. As a rule, the data will be deleted no later than 13 months after it has been collected. In addition, further storage may take place if and as long as this is necessary to comply with a statutory retention period or to prosecute a specific case of abuse. The legal basis for data processing is Art. 6 para. 1 f) General Data Protection Regulation. You may request information and, if necessary, rectification or deletion, as well as the limitation of the processing of your data and / or possibly object to the processing of your data. If you have any questions about data processing by Concardis or to assert your rights, you can contact the Data Protection Officer, who can be reached at the address given or by email at Datenschutzbeauftragter@concardis.com. Furthermore, you have the right to complain to a supervisory authority (in Germany at the State Data Protection Commissioner). Please note that the provision of payment data is neither legally nor contractually required. If you do not want to provide your payment details, you can use a different payment method (for example, cash).

8. Your rights

If you process personal data, you are i.S.d. DSGVO and you have the following rights to the person responsible:

a. Right of information

You may ask the person in charge to confirm if personal data concerning you is processed by us.
If such processing is available, you can request information from the person responsible about the following information:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data being processed;

(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;

(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;

(5) 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;

(6) the existence of a right of appeal to a supervisory authority;

(7) all available information on the source of the data if the personal data is not collected from the data subject;

(8) the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject. You have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with. Art. 46 GDPR in connection with the transfer.

b. Right to rectification

You have a right to rectification and / or completion to the controller, if the personal data you process is incorrect or incomplete. The responsible person must make the correction without delay.

c. Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

(1) if you contest the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;

(2) the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;

(3) the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or

(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest Union or a Member State. If the limitation of the processing after the o.g. If conditions are restricted, you will be informed by the person in charge before the restriction is lifted.

d. Right to delete obligations

You may require the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is true:

(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent, to which the processing acc. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. DSGVO and there is no other legal basis for processing.

(3) According to. Art. 21 para. 1 DSGVO objection to the processing and there are no prior justifiable reasons for the processing, or you lay gem. Art. 21 para. 2 DSGVO Opposition to processing.

(4) Your personal data have been processed unlawfully.

(5) The deletion of personal data concerning you shall be required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

Information to third parties

If the person in charge has made the personal data concerning you public and is acc. Article 17 (1) of the GDPR, it shall take appropriate measures, including technical means, to inform data controllers who process the personal data that you have been identified as being affected, taking into account available technology and implementation costs Persons requesting deletion of all links to such personal data or of copies or replications of such personal data.

Exceptions

The right to erasure does not exist if the processing is necessary

(1) to exercise the right to freedom of expression and information;

(2) to fulfill a legal obligation required by the law of the Union or of the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority conferring on the controller has been;

(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;

(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or

(5) to assert, exercise or defend legal claims.

e. Right to information

If you have the right of rectification, erasure or restriction of processing to the controller, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort. You have a right to the person responsible to be informed about these recipients.

f. Right to data portability

You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that

(1) the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a DSGVO or on a contract acc. Art. 6 para. 1 lit. b DSGVO is based and

(2) the processing is done by automated means.

In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected. The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.

g. Right of objection

You have the right at any time, for reasons that arise from your particular situation, against the processing of your personal data, which pursuant to Art. 6 para. 1 lit. e or f DSGVO takes an objection; this also applies to profiling based on these provisions. The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims. If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.

h. Right to revoke the data protection consent declaration

You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation. i. Automated decision on an individual basis including profiling

You have the right not to be subjected to a decision based solely on automated processing - including profiling - that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision

(1) is required for the conclusion or performance of a contract between you and the controller,

(2) is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or

(3) with your express consent.

However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g DSGVO applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests. With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to uphold the rights and freedoms and their legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and heard on challenge of the decision.

j. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of its residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the DSGVO violates. The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the DSGVO.

The competent supervisory authority is the

Country Representative for Data Protection and Freedom of Information North Rhine-Westphalia
Postfach 20 04 44
D-40102 Düsseldorf

oder:

Kavalleriestraße 2-4
D-40213 Düsseldorf

9. Contact for privacy

The responsible body within the meaning of the DSGVO is the

Affection GmbH
Stefan Ulber
Friemersheimer Str. 106
47441 Moers
Tel.: +49 2841 8837981
info@affection.de