Privacy policy
This data protection declaration informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as the “Online Offer”). 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).
Person responsible:
Anschelika Bischof, BA – Tom & Jerry Children’s Fashions
Gersthofer Street 26
1180 Vienna, Austria
Owner: Anschelika Bischof, BA
Phone number: +431 / 470 93 70
E-mail address: office@tomundjerry.at
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact information (e.g., email, phone numbers).
– Content data (e.g., text input, photographs, videos).
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history).
– Usage data (e.g., web pages visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Processing of special categories of data (Art. 9(1) GDPR):
No special categories of data are processed.
Categories of persons concerned by the processing:
– Customers, interested parties, visitors and users of the online offer, business partners.
– Visitors and users of the online offer.
In the following, we also refer to the persons concerned collectively as “users”.
Purpose of processing:
– Provision of the online offer, its contents and store functions.
– Provision of contractual services, service and customer care.
– Respond to contact requests and communicate with users.
– Marketing, advertising and market research.
– Safety measures.
Status: March / 2020
1. terms used
1.1. “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2. “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and encompasses virtually any handling of data.
1.3. Controller” means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
2. relevant legal bases
In accordance with Art. 13 DSGVO, we inform you about the legal basis of our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the fulfillment of our services and implementation of contractual measures as well as answering inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. 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 the legal basis.
3. changes and updates to the privacy policy
We ask you to regularly inform yourself about the content of our privacy policy. We will adapt the privacy policy as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
4. security measures
4.1. We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk in accordance with Article 32 of the GDPR, 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; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access concerning them, input, disclosure, ensuring availability and their separation. Furthermore, we have established procedures to ensure the exercise of data subject rights, deletion of data, and response to data compromise. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Article 25 of the GDPR).
4.2. The security measures include, in particular, the encrypted transmission of data between your browser and our server.
5. disclosure and transmission of data
5.1. If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this shall only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is required pursuant to Art. 6 (1) lit. b DSGVO is required for the performance of a contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual obligations, administrative tasks and duties).
5.2. If we commission third parties with the processing of data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 DSGVO.
6. transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this will only be done if it is done to fulfill 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 process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. DSGVO are met. This means, for example, that processing takes place on the basis of special guarantees, such as the officially recognized determination of a level of data protection that corresponds to that of the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
7. rights of the data subjects
7.1. You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 DSGVO.
7.2. You have accordingly. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
7.3. In accordance with Article 17 of the GDPR, you have the right to demand that the data in question be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the GDPR.
7.4. You have the right to request to receive the data concerning you that you have provided to us in accordance with Article 20 of the GDPR and to request its transfer to other data controllers.
7.5. They have further pursuant to Article 77 DSGVO the right to lodge a complaint with the competent supervisory authority.
8. right of withdrawal
You have the right to withdraw consent granted pursuant to. Art. 7 par. 3 DSGVO with effect for the future.
9. right of objection
You may object to the future processing of data concerning you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against the processing for purposes of direct advertising.
10. cookies and right to object to direct advertising
10.1. Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. The primary purpose of a cookie is to store information about a user (or the device on which the cookie is stored) during or after his visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online store or a login status can be stored. Permanent” or “persistent” cookies are those that remain stored even after the browser is closed. For example, the login status can be saved when users visit them after several days. Likewise, such a cookie may store the interests of users, which are used for reach measurement or marketing purposes. Third-party cookies” are cookies from providers other than the party responsible for operating the online offering (otherwise, if they are only the party’s cookies, they are referred to as “first-party cookies”).
10.2. We use temporary and permanent cookies and explain this in our privacy policy.
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. The exclusion of cookies can lead to functional restrictions of this online offer.
10.3. A general objection to the use of cookies used for online marketing purposes can be declared for a large number of the services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by means of their deactivation in the browser settings. Please note that in this case not all functions of this online offer can be used.
11. deletion of data
11.1. The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
11.3. Austria: According to legal requirements, the storage takes place in particular for 7 years in accordance with § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real property, and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
12. order processing in the online store and customer account
12.1. We process the data of our customers in the context of the order processes in our online store to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
12.2. The processed data includes inventory data, communication data, contract data, payment data and the data subjects include our customers, prospective customers and other business partners. The processing is carried out for the purpose of providing contractual services within the framework of the operation of an online store, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
12.3. The processing is carried out on the basis of Art. 6 para. 1 lit. b (Execution of order processes) and c (Legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfillment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permissions and obligations to legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfillment of the contract (e.g. at the customer’s request for delivery or payment).
12.4. Users can optionally create a user account, in which they can view their orders in particular. During the registration process, the required mandatory information is provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention for reasons of commercial or tax law. Art. 6 par. 1 lit. c GDPR necessary. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to back up their data before the end of the contract if the contract has been terminated.
12.5. 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 those of users in protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with the German Data Protection Act. Art. 6 par. 1 lit. c GDPR.
12.6. The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account remains until its deletion.
13. business analyses and market research
13.1. In order to operate our business economically and to be able to identify market trends, customer and user requirements, we analyze the data we have on business transactions, contracts, inquiries, etc. We use this data for the purposes of our business processes. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the data subjects include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of business management evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with details of, for example, their purchase transactions. The analyses serve us to increase the user-friendliness, the optimization of our offer and the operational economy. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarized values.
13.2. If these analyses or profiles are personal, they are deleted or anonymized upon termination by the user, otherwise after two years from the conclusion of the contract. In other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
2. checking the creditworthiness of a customer is permissible if there is otherwise a risk of non-payment, i.e. if the goods are delivered without payment having been received (i.e. if the customer chooses to purchase on account). In contrast, there is no risk of non-payment if the customer chooses the prepayment option, for example, or makes the payment via third-party providers such as Paypal.
It should also be noted that obtaining an automatic credit report is an “automated decision in individual cases” pursuant to §§ 3 and 4 of the German Data Protection Act. Article 22 GDPR, i.e. a legal decision without human involvement. This is permissible if the customer has consented or if this decision is necessary for the conclusion of the contract. Whether the decision is required has not yet been conclusively determined, but is widely held to be a given, including by the author of this sample. However, if you want to eliminate any risk, you should obtain consent.
Consent is also required if the credit report is already used to decide whether the “on account” option should be displayed at all. Because it could have been that the customer would have opted for prepayment or Paypal anyway and the credit check would not have been necessary.
Such consent could, for example, read as follows:
I agree that a credit check is carried out in order to decide in an automated procedure (Art. 22 DSGVO) whether the option of purchase on account is offered. For more information on the credit check, the credit agencies used and the procedure, as well as the objection options, please refer to our [Link]privacy policy[/Link].
14. credit report
14.1. Insofar as we make advance payments (e.g. in the case of purchase on account), we reserve the right to obtain information on identity and creditworthiness for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures from service companies specializing in this area (credit agencies) in order to protect our legitimate interests.
14.2. As part of the credit check, we transmit the following personal data of the customer (name, postal address, date of birth, information on the type of contract, bank details [please specify additional data if necessary]) to the following credit agencies:
[Please specify the credit bureaus here, e.g.:] SCHUFA company (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), data protection information: https://www.schufa.de/de/ueber-uns/daten-scoring/.
14.3. We process the information received from credit agencies on the statistical probability of a payment default as part of an appropriate discretionary decision on the establishment, implementation and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative result of the credit check.
14.4. In accordance with Art. 22 DSGVO, the decision as to whether we provide advance services is made solely on the basis of an automated decision in the individual case, which is made by our software on the basis of the information provided by the credit agency.
14.5 If we obtain express consent from you, the legal basis for the credit check and the transmission of the customer’s data to the credit bureaus is the consent pursuant to § 14.1. Art. 6 par. 1 lit. a, 7 DSGVO. If no consent is obtained, our legitimate interests in the default security of their payment claim are the legal basis pursuant to. Art. 6 par. 1 lit. f. GDPR.
15. contact and customer service
15.1. When contacting us (via contact form or e-mail), the user’s details are used to process the contact request and its handling in accordance with the German Data Protection Act. Art. 6 par. 1 lit. b) DSGVO processed.
16. collection of access data and log files
16.1. We collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO 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.
16.2. Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further retention is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident.
17. online presences in social media
17.1. We maintain on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.
17.2 Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
If the “Remarketing”, or “Google Analytics Audiences” functions are used, the following passage on these functions must be included additionally, as a second point:
17.2. We use Google Analytics to display the ads placed within advertising services of Google and its partners only to those users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Google (so-called “remarketing”, or “Google Analytics Audiences”). With the help of Remarketing Audiences, we also want to make sure that our ads match the potential interest of users and are not harassing.
18. google analytics
18.1. We use Google Analytics, a web analytics service provided by Google LLC (“Google”), on the basis of 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. DSGVO) Google Analytics, a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.
18.2. Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law(https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
18.3. Google will use this information on our behalf for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. In doing so, pseudonymous usage profiles of the users can be created from the processed data.
18.4. We use Google Analytics only with IP anonymization enabled. 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 is the full IP address transmitted to a Google server in the USA and shortened there.
18.5. The IP address transmitted by the user’s browser is not merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
18.6. For more information about Google’s data use, settings and opt-out options, please visit Google’s websites: https://www.google.com/intl/de/policies/privacy/partners (“Data use by Google when you use our partners’ websites or apps”), https://policies.google.com/technologies/ads (“Data use for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information Google uses to serve you ads”).
19. google re/marketing services
19.1. We use on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the marketing and remarketing services (in short “Google Marketing Services”) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
19.2. Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
19.3. Google’s marketing services allow us to display advertisements for and on our website in a more targeted manner to present users only with ads that potentially match their interests. If, for example, a user is shown ads for products he or she was interested in on other websites, this is referred to as “remarketing”. For these purposes, when our website and other websites on which Google marketing services are active are called up, a code is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also referred to as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which web pages the user has visited, which content the user is interested in and which offers the user has clicked on, as well as technical information about the browser and operating system, referring web pages, time of visit and other information about the use of the online offer. The IP address of the user is also recorded, whereby we inform you within the scope of Google Analytics that the IP address is shortened within member states of the European Union or in other contracting states of the Agreement on the European Economic Area and only in exceptional cases is transferred in full to a Google server in the USA and shortened there. The IP address is not merged with user data within other Google offerings. The above information may also be combined by Google with such information from other sources. When the user subsequently visits other websites, they can be shown ads tailored to their interests.
19.4. User data is processed pseudonymously as part of Google’s marketing services. I.e. Google does not store and process e.g. the name or email address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. I.e. from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymization. The information collected by Google marketing services about users is transmitted to Google and stored on Google’s servers in the USA.
19.5. The Google marketing services we use include the online advertising program “Google AdWords”. In the case of Google AdWords, each AdWords customer receives a different “conversion cookie”. Cookies can therefore not be tracked through the websites of AdWords customers. The information obtained with the help of the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.
19.6. We may integrate third-party advertisements based on the Google marketing service “DoubleClick”. DoubleClick uses cookies to enable Google and its partner websites to serve ads based on users’ visits to this website or other websites on the Internet.
19.7. We may integrate third-party advertisements based on the Google marketing service “AdSense”. AdSense uses cookies to enable Google and its partner websites to serve ads based on users’ visits to this website or other websites on the Internet.
19.8. Likewise, we can use the service “Google Optimizer”. Google Optimizer allows us to track how various changes to a website (e.g. changes to input fields, design, etc.) as part of so-called “A/B testing”. Cookies are placed on users’ devices for these testing purposes. Only pseudonymous data of the users is processed.
19.9. Furthermore, we may use the “Google Tag Manager” to integrate and manage Google analytics and marketing services on our website.
19.10. For more information about Google’s use of data for marketing purposes, please visit the overview page: https://policies.google.com/technologies/ads, Google’s privacy policy is available at https://policies.google.com/privacy.
19.11. If you wish to object to interest-based advertising by Google marketing services, you can use the settings and opt-out options provided by Google: https://adssettings.google.com/authenticated.
27. communication via mail, e-mail, fax or telephone
27.1 We use remote means of communication, such as mail, telephone or e-mail, for business processing and marketing purposes. In doing so, we process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
27.2 The processing is carried out on the basis of Art. 6 para. 1 lit. a, Art. 7 DSGVO, Art. 6 para. 1 lit. f DSGVO in connection with legal requirements for promotional communications. Contact will only be made with the consent of the contact partners or within the scope of legal permissions and the processed data will be deleted as soon as they are no longer required and otherwise with objection/ revocation or discontinuation of the authorization basis or legal archiving obligations.
Note: Please already point out the contents of the newsletter and the evaluation of the opening as well as the clicking behavior within the scope of the registration, i.e. in the registration form, e.g.:
Our newsletter contains information about our products, offers, promotions and our company. For information on data protection, revocation, logging and performance measurement covered by consent, please refer to our [LINK]privacy policy[/].
Dispatch service provider: The newsletter is dispatched using “MailChimp”, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
Note on the legal basis: Please select the variant for Germany or Austria in the information on the legal basis. Please take into account that in Austria, due to a provision of the E-Commerce Act (ECG), the so-called “ECG list” must be taken into account. This list is maintained by the Regulatory Authority for Telecommunications and Broadcasting (RTR): https://www.rtr.at/de/tk/TKKS_Spam. It contains those e-mail addresses to which e-mails may not be sent.
28. newsletter
28.1. 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 procedures described.
28.2. Newsletter content: 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 course of registration, they are decisive for the user’s consent. In addition, our newsletters contain information about our products, offers, promotions and our company.
28.3. Double-Opt-In and logging: The registration for our newsletter takes place in a so-called double-opt-in process. I.e. after registration you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can log in with foreign e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the subscription process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider are logged.
28.4. Dispatch service provider: The newsletter is dispatched using “MailChimp”, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
28.5. Insofar as we use a dispatch service provider, the dispatch service provider may, according to its own information, use this data in pseudonymous form, i.e. without assigning it to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletter or for statistical purposes to determine which countries the recipients come from. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass them on to third parties.
28.6. Registration data: To register for the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to enter a name for the purpose of personal address in the newsletter.
28.7. Performance measurement – The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened, or if we use a shipping service provider, from their server. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of the retrieval are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined with the help of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened, and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the shipping service provider to monitor individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
28.8. Germany: The newsletter is sent and its success is measured on the basis of the consent of the recipients in accordance with. Art. 6 par. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 para. 2 No. 3 UWG or on the basis of the statutory permission pursuant to § 2 No. 3 UWG. § 7 para. 3 UWG.
28.9. Austria: The dispatch of the newsletter and the measurement of its success are based on the consent of the recipients according to. Art. 6 par. 1 lit. a, Art. 7 DSGVO in conjunction with § 107 para. 2 TKG or on the basis of the statutory permission pursuant to § 2 TKG. § 107 para. 2 and 3 TKG.
28.10. The logging of the registration process takes place on the basis of our legitimate interests in accordance with. Art. 6 par. 1 lit. f DSGVO and serves as proof of consent to receive the newsletter.
28.11. Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consents. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, their consent to performance measurement expires. A separate revocation of the performance measurement is unfortunately not possible, in this case the entire newsletter subscription must be cancelled. Upon unsubscribing from newsletters, the personal data will be deleted, unless their retention is legally required or justified, in which case their processing will be limited only to these exceptional purposes. In particular, we may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them for newsletter mailing purposes in order to be able to prove consent formerly given. The processing of this data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.
29. integration of third-party services and content
29.1. Within our online offer, we use content or service offers of third-party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) content or service offers from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always assumes that the third-party providers of this content are aware of the IP address of the user, since without the IP address they would not be able to send the content to their browser. The IP address is thus required for the display of this content. We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as be linked to such information from other sources.
29.2. The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, opt-out options.
– If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and privacy notices of the respective third party providers apply, which are available within the respective websites, or transaction applications.
– External fonts from Google, LLC., https://www.google.com/fonts (“Google Fonts”). The integration of Google Fonts is done by a server call at Google (usually in the USA). Privacy Policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
– Maps of the service “Google Maps” of the third party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
– Functions of the Instagram service are integrated within our online offer. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram. Privacy policy: http://instagram.com/about/legal/privacy/.