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- Data Protection Declaration
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- Merkur Helper Data Protection Declaration
Data Protection Declaration
This Data Protection Declaration clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as 'Data') within our online offerings and the related websites, functions and contents, as well as external online presence, e.g. our social media profile (hereinafter collectively referred to as the 'Online Offerings'). With regard to the terminology used, such as e.g. 'processing' or 'controller', we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
adp Gauselmann GmbH
Tel.: +49 5772 49-0
Email address: firstname.lastname@example.org
Jürgen Stühmeyer - Spokesman GF and Sales
Hans Martin Grube – Production
Lars Felderhoff – Finance
Dr. Werner Schroer - Research & Development
Link to imprint: https://system.adp-gauselmann.de/public/adpgauselmann/services_public/imprint/imprint.html
Data protection officer contact: email@example.com
Types of processed Data:
- Personal Data (e.g., names, addresses)
- Contact Data (e.g., email, telephone numbers)
- Content Data (e.g., text input, photos, videos)
- Usage Data (e.g., visited web pages, interest in content, access times)
- Meta-/communication Data (e.g., device information, IP addresses).
Data subject categories
Visitors and users of the Online Offerings (hereinafter we refer to the affected persons as 'Users').
Purpose of the processing
- Providing the Online Offerings, their functions and contents.
- Answering contact requests and communicating with Users.
- Safety measures.
- Audience measurement/Marketing
'Personal Data' refers to any information relating to an identified or identifiable natural person (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 one or more factors specific to the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
'Processing' refers to any process performed with or without the aid of automated procedures, or any such series of processes associated with personal Data. The term is wide-ranging and covers practically every handling of Data.
‘Pseudonymisation’ refers to the processing of personal Data in such a manner that the personal Data can no longer be attributed to a specific Data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal Data is not attributed to an identified or identifiable natural person.
‘Profiling’ refers to any form of automated processing of personal Data consisting of the use of personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
‘Controller’ refers to 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.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal Data on behalf of the controller.
Relevant legal bases
In accordance with Article 13 GDPR, we are informing you about the legal basis of our Data processing. Unless the legal basis is stated in the Data Protection Declaration, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Article 7 GDPR. The legal basis for the processing for the performance of our services and the execution of contractual measures as well as the answering of inquiries is Article 6 (1) lit. b GDPR. The legal basis for processing in order to fulfil our legal obligations is Article 6 (1) lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f GDPR. In the event that vital interests of the Data subject or another natural person require the processing of personal Data, Article 6 (1) lit. d GDPR serves as the legal basis.
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we implement appropriate technical and organisational measures in accordance with Article 32 GDPR to ensure a level of security appropriate to the risk.
Measures include, in particular, ensuring the confidentiality, integrity and availability of Data by controlling the physical receipt of the Data, as well as access, input, disclosure, ensuring availability and disconnection in relation to such. In addition, we have established procedures to ensure the perception of Data subjects' rights, the erasure of Data and response to Data compromises. Furthermore, we already take into consideration the protection of personal Data in the development, or the selection of hardware, software and procedures, according to the principle of Data protection through technology design and Data protection-friendly default settings (Article 25 GDPR).
Collaboration with processors and third parties
If, in the context of our processing, we disclose Data to other persons and companies (processors or third parties), transmit such to them or otherwise grant access to the Data, this is only carried out on the basis of legal permission (e.g. if transmission of the Data to third parties, such as to payment service providers, pursuant to Article 6 (1) lit. b GDPR is required to fulfil the contract) which you have consented to, a legal obligation to do so or based on our legitimate interests (e.g. in the use of agents, web hosts, etc.).
To the extent that we commission third parties to process Data on the basis of a so-called 'order processing contract', this takes place on the basis of Article 28 GDPR.
Transfers to third countries
To the extent that we process Data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or do such within the context of the use of third party services or disclose or transmit Data to third parties, this will only be done if it is to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or according to our legitimate interests. Subject to legal or contractual permissions, we only process Data or have the Data processed in a third country when the special requirements of Article 44 et seqq. GDPR are fulfilled. This means, the processing takes place e.g. on the basis of specific guarantees, such as the officially recognised determination of a level of Data protection corresponding with that of the EU (e.g. for the US through the Privacy Shield) or in compliance with officially recognised special contractual obligations (so-called 'standard contractual clauses').
Rights of the Data subjects
You have the right to request confirmation as to whether your Data is being processed and information about such Data as well as further information and a copy of the Data in accordance with Article 15 GDPR.
In accordance with Article 16 GDPR, you have the right to demand the completion of your personal Data or the rectification of incorrect Data concerning your person.
In accordance with Article 17 GDPR, you have the right to demand that the relevant Data be immediately erased, or, alternatively, to require a restriction of processing of Data in accordance with Article 18 GDPR.
You have the right to demand to receive the Data relating to you, which you have provided to us, in accordance with Article 20 GDPR and request its transmission to other controllers.
Furthermore, pursuant to Article 77 GDPR, you have the right to file a complaint with the competent supervisory authority.
Right of revocation
You have the right to revoke consent pursuant to Article 7 (3) GDPR with effect for the future.
Right to object
You may at any time object to the future processing of your Data in accordance with Article 21 GDPR. The objection may in particular be made against processing for direct marketing purposes.
Cookies and right to object to direct advertising
The term 'cookies' refers to small files that are stored on Users' computers. Various types of information can be stored within the cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after the visit to Online Offerings. Temporary cookies, or 'session cookies' or 'transient cookies', are cookies that are deleted after Users leave the Online Offerings and close their browser. In such a cookie, e.g. the contents of a shopping cart in an online shop or a login status can be stored. 'Permanent' or 'persistent' refers to cookies that remain stored even after the browser has been closed. In this was, for example, the login status can be saved for when Users visit the site several days later. Likewise, the interests of the Users can be stored in such a cookie, which are used for range measurement or marketing purposes. A 'third-party cookie' refers to cookies that are offered by providers, other than the controller, which provide the Online Offerings (otherwise, if only its cookies are used, they are called 'first-party cookies').
The erasure of Data
The Data processed by us will be erased or limited in its processing in accordance with Article 17 and 18 GDPR. Unless explicitly stated in this Data Protection Declaration, the Data stored by us will be erased as soon as it is no longer necessary for its intended purpose and the erasure does not conflict with any statutory storage requirements. To the extent that the Data is not erased because it is required for other legally permitted purposes, its processing will be restricted. This means that the Data is blocked and not processed for other purposes. This applies, for example, for Data that must be kept for commercial or tax reasons.
According to legal requirements in Germany, storage is to take place in particular for 10 years pursuant to Section 147 (1) AO [German tax code], 257 (1) No. 1 and 4, (4) HGB [German commercial code] (books, records, management reports, accounting documents, trading books, for taxation relevant documents, etc.) and 6 years pursuant to Section 257 (1) No. 2 and 3, (4) HGB (commercial letters).
According to legal regulations in Austria, storage is to take place in particular for 7 years pursuant to Section 132 (1) BAO [Austrian federal tax code] (accounting documents, receipts/invoices, accounts, documents, business documents, statement of income and expenses, etc.), for 22 years in connection with property and for 10 years with regard to documents related to electronically supplied services, telecommunications, broadcasting and television services which are provided to non-enterprises in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.
We may use temporary and permanent cookies and clarify this in the context of our Data Protection Declaration.
If Users do not want cookies stored on their machine, they will be asked to disable the corresponding option in their browser's system settings. Saved cookies can be deleted in the browser's system settings. The exclusion of cookies can lead to functional restrictions of this Online Offering.
In addition, we also process;
- contract Data (e.g., contractual object, term, customer category).
- payment Data (e.g., bank details, payment history)
of our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Order processing in the online shop and customer accounts
We process our customers' Data as part of the ordering process in our online shop to enable them to be able to select and order the chosen products and services, as well as their payment and delivery, or performance.
The processed Data includes personal Data, communication Data, contract Data, payment Data and the Data subjects affected by the processing include our customers, interested parties and other business partners. Processing takes place for the purpose of providing contractual services within the framework of operating an online shop, billing, delivery and customer service. Here we use session cookies for the storage of the shopping basket contents and permanent cookies for the storage of the login status.
Processing is based on Article 6 (1) lit. b (execution of order transactions) and c (legally required archiving) GDPR. Here, the information marked as required is necessary for the establishment and fulfilment of the contract. We only disclose the Data to third parties in the context of dispatch, payment or within the framework of legal permissions and obligations towards legal advisers and authorities. The Data will only be processed in third countries if it is necessary for the fulfilment of the contract (e.g., at the customer's request upon dispatch or payment).
Users can optionally create a user account to use when viewing their orders in particular. As part of the registration, the required mandatory information will be communicated to the Users. The user accounts are not public and cannot be indexed by search engines. If Users have closed their user account, their Data will be erased with regard to the user account, unless its retention is necessary for commercial or tax law reasons pursuant to Article 6 (1) lit. c GDPR. Information in the customer's account remains there until it is erased with subsequent archiving in the case of a legal obligation. Upon termination, it is the responsibility of the Users to secure their Data before the end of their contract.
As part of the registration and logging on again as well as use of our online services, we store the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as the user's, in protection against misuse and other unauthorised use. A transfer of this Data to third parties generally does not take place, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Article 6 (1) lit. c GDPR.
The erasure takes place after expiration of legal warranty and comparable obligations, the necessity of Data storage is checked every three years. In the case of legal archiving obligations, erasure takes place after its expiration (end of commercial law (6 years) and tax law (10 years) retention obligation).
Administration, financial accounting, office organisation, contact management
We process Data within the context of administrative tasks and organisation of operations, financial accounting and compliance with legal obligations, e.g. archiving. In doing so, we process the same Data that we process in the course of the provision of our contractual services. The processing principles are Article 6 (1) lit. c. GDPR, Article 6 (1) lit. f. GDPR. The processing affects customers, interested parties, business partners and website visitors. The purpose and our interest in processing lies in administration, financial accounting, office organisation, Data archiving, that is, tasks that serve to maintain our business activities, perform our duties and provide our services. The erasure of the Data with regard to contractual services and contractual communication corresponds to the information provided with these processing activities.
Here, we disclose or transmit Data to the financial administration, consultants, such as tax advisers or auditors, and other fee agents and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, event organisers and other business partners, e.g. for the later establishment of contact. In principle, we store this predominantly company-related Data permanently.
Business analysis and market research
In order to operate our business economically, and to be able to recognise market tendencies, contractors' and Users' desires, we analyse the Data available to us on business transactions, contracts, inquiries, etc. We process personal Data, communication Data, contract Data, payment Data, usage Data, and metadata on the basis of Article 6 (1) lit. f. GDPR, whereby the Data subjects include contractual partners, interested parties, customers, visitors and Users of our Online Offerings.
The analyses are carried out for the purpose of business analysis, marketing and market research. In doing so, we can furnish the profiles of the registered Users with information, e.g. the services they have made use of. The analyses enable us to increase the user-friendliness, the optimisation of our offerings and our business economy. The analyses serve us alone and will not be disclosed externally providing that they are not anonymous analyses with aggregated values. If these analyses or profiles are personal, they will be erased or anonymised upon the User closing its account, otherwise after two years from the conclusion of the contract. Incidentally, the overall business analyses and general trend determinations are created anonymously, where possible.
Users can create a user account. As part of the registration, the required mandatory information will be communicated to the Users and, on the basis of Article 6 (1) lit. b GDPR, processed for the purposes of providing the user account. The processed Data includes in particular the login information (name, password and an email address). The Data entered during registration will be used for the purpose of the utilisation of the user account and its purpose.
Users may be informed by email of information relevant to their user account, e.g. technical changes. If Users have closed their user account, their Data will be erased with regard to the user account, unless it is subject to a statutory retention obligation. Upon termination, it is the responsibility of the Users to secure their Data before the end of their contract. We are entitled to irretrievably erase all user Data stored during the term of the contract.
Within the framework of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as the user's, in protection against misuse and other unauthorised use. A transfer of this Data to third parties does not take place in principle, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Article 6 (1) lit. c GDPR. IP addresses will be anonymised or deleted after 7 days at the latest.
When contacting us (e.g., by contact form, email, telephone or via social media), the user's information to process the contact request and its handling will be processed pursuant to Article 6 (1) lit. b) GDPR. The information provided by the Users can be stored in a customer relationship management system ('CRM system') or a comparable request organisation system.
We erase the requests as soon as they are no longer required. We check the requirement every two years. Furthermore, the legal archiving obligations apply.
Collection of access Data and log files
We, or our hosting provider, collects Data on every access of the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Article 6 (1) lit. f. GDPR. The access Data includes the name of the retrieved web page, file, date and time of retrieval, amount of Data transferred, notification of successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Logfile information is stored for a maximum of 7 days for security purposes (for example, to investigate abusive or fraudulent activities) and then erased. Data whose further retention is required for evidential purposes is excluded from the erasure until the final clarification of the respective incident.
We integrate the function to detect bots, e.g. when making entries into online forms, ('ReCaptcha') of the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke
Reach measurement with Matomo
As part of Matomo's reach analysis, the following Data is processed on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our Online Offerings within the meaning of Article 6 (1) lit. GDPR): The type of browser you use and the browser version, the operating system you are using, your country of origin, the date and time of the server request, the number of visits, the length of time you stayed on the website, and the external links you used. The user's IP address is anonymised before being saved.
The cookies have a retention period of one week. The information generated by the cookie on your use of this website will only be stored on our server and will not be passed on to third parties.
Users can object to anonymised Data collection by the program Matomo at any time with effect for the future by clicking on the link below. In this case, a so-called opt-out cookie is stored in your browser, with the result that Matomo will no longer collect any session Data. If Users delete their cookies, however, this has the consequence that the opt-out cookie is also deleted and must therefore be reactivated by the Users.
The logs with the Users' Data will be deleted after 6 months at the latest.