Disclaimer: The sample below was created by a lawyer ( https ://dr Schwenke.de ) according to the typical requirements of an online shop. However, you should only use the template after carefully examining it and adapting it to your specific business model. The following sample therefore contains additional information that you must observe and red passages that you must particularly check and, if necessary, adjust. Please remove the notices after editing. If in doubt, seek legal advice. Copyright: You may use the pattern within the domain/website as long as your Marketpress license also applies to it. Disclosure to third parties, including customers (e.g. as developers) is not permitted.

Data protection

This data protection declaration explains the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and content associated with it as well as external online presences, such as our social media profile. (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Note: For sole traders, please enter “owner” instead of “managing director”.

Responsible:
Name/Company:
Street, No.:
Postal code City Country:
Commercial Register/No.:
Managing Director/Owner:
Telephone number:
E-mail address:

Note: Only the e-mail address is mandatory, the other information is optional. Please note: data protection officers only have to be specified if they have been appointed. An order is acc. § 38 BDSG-New already necessary for 10 employees or more who process personal data (for which an e-mail inbox is practically sufficient).

Data Protection Officer:
Surname:
Street, No.:
Postal code City Country:
Telephone number:
E-mail address:

Types of data processed:

Note: The following information includes the typical data processed and categories of data subject (the explanations in brackets are for clarification only and can be adjusted or deleted):

– Inventory data (eg, names, addresses).
– Contact details (e.g., e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– Contract data (e.g. subject matter of contract, term, customer category).
– Payment data (eg, bank details, payment history).
– Usage data (e.g. websites visited, interest in content, access times).
– Meta/communication data (e.g. device information, IP addresses).

Processing of special categories of data (Article 9 (1) GDPR):

Note: Please select whether and, if so, which categories of special types of personal data are processed. This includes data relating to: racial and ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data to uniquely identify a natural person, health data, data on sex life or sexual orientation. Such data can, for example, be processed in the erotic or sanitary area, but they are the exception rather than the rule.
In this case, alternatively enter: “The following special categories of data are processed: “.

No special categories of data are processed.

Categories of persons affected by the processing:

Note: Please select the relevant categories of data subjects, delete those that do not apply or complete them with your own information.

– 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 data subjects as “users”.

Purpose of processing:
Note: Please delete those that do not apply or add your own information to the purposes of the processing.

– Provision of the online offer, its content and shop functions.
– Provision of contractual services, service and customer care.
– Answering contact requests and communicating with users.
– Marketing, advertising and market research.
– Safety measures.

Please indicate the status of the data protection declaration.

Status: month/ year

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 means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, are an expression of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.2. Processing” is any process or series of processes carried out with or without the aid of automated processes in connection with personal data. The term is broad and encompasses practically every handling of data.

1.3. The “responsible person” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

2. Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c GDPR, 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 GDPR as the legal basis.

3. Changes and Updates to the Privacy Policy
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes in the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

Note: Remove the note about encryption if your offer is not encrypted. However, delivery of the website via https is to be regarded as mandatory.
4. Security Measures
4.1. In accordance with Art. 32 GDPR, we take appropriate technical measures, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk; The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, transfer, securing availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. 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 GDPR).

4.2. The security measures include in particular the encrypted transmission of data between your browser and our server.

5. Disclosure and Transfer of Information
5.1. If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, pursuant to Art. 6 Para. 1 lit. b DSGVO is required for the fulfillment of the 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, economic – and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively perform our contractual, administrative and responsibilities).

5.2. If we commission third parties to process data on the basis of a so-called “order processing contract”, 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 this happens as part of the use of third-party services or disclosure or transmission of data to third parties, this only takes place if it is to fulfill our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding 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 data subjects
7.1. You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

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 Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand a restriction of the processing of the data.

7.4. You have the right to request that you receive the data that you have provided to us in accordance with Art. 20 GDPR and to request their transmission to other responsible parties.

7.5. You have also acc. Art. 77 GDPR the right to lodge a complaint with the competent supervisory authority.

8. Right of Withdrawal
You have the right to revoke your consent pursuant to Art. Art. 7 para. 3 GDPR with effect for the future.

9. Right to Object
You can object to the future processing of data relating to you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.

10. Cookies and Right to Object to Direct Marketing
10.1. “Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online 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 content of a shopping cart in an online shop or a login status can be saved. “Permanent” or “persistent” refers to cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. Cookies from providers other than the person responsible for operating the online offer are referred to as “third-party cookies” (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

10.2. We use temporary and permanent cookies and explain this in our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Saved 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 for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ . Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that in this case not all functions of this online offer can be used.

Note: Please select the appropriate information for Germany or Austria. Please change this information if other retention requirements apply to you:
11. Deletion of Data
11.1. The data processed by us will be deleted or their processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in 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 storage requirements. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

11.2. Germany: According to legal requirements, storage takes place in particular for 6 years in accordance with § 257 Para. 1 HGB (books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc

11.3. Austria: According to legal requirements, the storage takes place in particular for 7 years according to § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States that make use of the Mini One Stop Shop (MOSS).

12. Order processing in the online shop and customer account
12.1. We process the data of our customers as part of the ordering process in our online shop 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 persons concerned our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of operating an online shop, 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 takes place on the basis of Art. 6 para. 1 lit. b (implementation of order processes) and c (legally required archiving) GDPR. The information marked as required is required for the establishment 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 permits and obligations to legal advisers and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer’s request for delivery or payment).

12.4. Users can optionally create a user account, in particular by being able to view their orders. As part of the registration, the required mandatory information is communicated 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 will be deleted with regard to the user account, subject to their storage for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c DSGVO necessary. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is the user’s responsibility to back up their data before the end of the contract in the event of termination.

12.5. As part of the registration and renewed registrations as well as the use of our online services, we store the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. Art. 6 para. 1 lit. c GDPR.

12.6. Deletion takes place after statutory warranty and comparable obligations have expired, the necessity of storing the data is checked 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 it is deleted.

Note: 1. Please remove the passage if you don’t analyze buyers’ data as described.
13. Business analysis and market research
13.1. In order to operate our business economically, to be able to recognize market trends, customer and user requests, we analyze the data we have on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. GDPR, whereby the persons concerned include customers, interested parties, business partners, visitors and users of the online offer. The analyzes are carried out for the purpose of business evaluations, marketing and market research. In doing so, we can take into account the profiles of the registered users with information, for example, on their purchase transactions. The analyzes serve us to increase the user-friendliness, the optimization of our offer and the economic efficiency. The analyzes serve us alone and are not disclosed externally, unless they are anonymous analyzes with summarized values.

13.2. If these analyzes or profiles are personal, they will be deleted or made anonymous upon termination by the user, otherwise after two years from the conclusion of the contract. Otherwise, the overall business analyzes and general trend determinations are created anonymously if possible.

Note: 1. Please remove the passage if you don’t use the service.

2. The customer’s creditworthiness may be checked if there is otherwise a risk of non-payment, ie if the goods are delivered without payment having been received (ie if the customer chooses to purchase on account). On the other hand, there is no risk of non-payment if the customer selects the prepayment option or makes the payment via a third-party provider such as PayPal.

It should also be noted that obtaining an automatic credit check is an “automated decision in individual cases” acc. Art. 22 GDPR, ie a legal decision without human intervention. This is permissible if the customer has consented or this decision is necessary for the conclusion of the contract. Whether the decision is necessary has not yet been finally clarified, but is often taken for granted, including by the author of this model. However, if you want to eliminate any risk, you should obtain consent.

Consent is also necessary if the credit check is already used to decide whether the option “on account” should be displayed. Because it could have been that the customer would have opted for advance payment or Paypal anyway and the credit check would not have been necessary.

Such consent could, for example, read as follows:

I agree to a credit check being carried out in order to decide in an automated process (Article 22 GDPR) whether the option to purchase on account is offered. Further information on the credit check, the credit agencies used and the procedure as well as the possibility of objection can be found in our [Link]data protection declaration[/Link] .

14. Credit Report
14.1. If we pay in advance (e.g. when purchasing on account), we reserve the right to obtain identity and creditworthiness information for the purpose of assessing the credit risk on the basis of mathematical-statistical processes from specialized service companies (credit agencies) in order to protect 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 provide additional data if necessary]) to the following credit agencies:
[Please state the credit bureaus here, e.g.:] SCHUFA-Gesellschaft (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 the credit agencies about the statistical probability of non-payment as part of an appropriate discretionary decision on the establishment, implementation and termination of the contractual relationship. In the event of a negative result of the credit check, we reserve the right to refuse payment on account or any other advance payment.

14.4. The decision as to whether we will provide advance payment is made in accordance with Art. 22 GDPR solely on the basis of an automated decision in individual cases, which our software makes on the basis of information from the credit agency.

14.5 If we obtain your express consent, the legal basis for the credit report and the transmission of the customer’s data to the credit agencies is the consent acc. Art. 6 para. 1 lit. a, 7 GDPR. If no consent is obtained, our legitimate interests in the reliability of your payment claim are the legal basis in accordance with Art. Art. 6 para. 1 lit. f. GDPR.

Note: If third-party CRM systems are used, their providers must be named. Furthermore, order processing contracts (or “data processing agreements”) must be concluded with the providers. If the providers process the data of the users in a third country, special guarantees must be in place (e.g. Privacy Shield)
Example:
14.4 We use the CRM system “Helpdesk” from the provider Help Scout Inc., 131 Tremont St, Boston, MA 02111-1338, USA) on the basis of our legitimate interests (efficient and quick processing of user inquiries). For this purpose, we have concluded a contract with Help Scout with so-called standard contractual clauses, in which Help Scout undertakes to process user data only in accordance with our instructions and to comply with EU data protection standards. Help Scout is also certified under the Privacy Shield Agreement and thus offers an additional guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000KzX1AAK&status=Active).

15. Contacting and Customer Service
15.1. When contacting us (via contact form or e-mail), the information provided by the user for processing the contact request and its processing acc. Art. 6 para. 1 lit. b) GDPR processed.

15.2. User information can be stored in our Customer Relationship Management System (“CRM System”) or comparable inquiry organization.

15.3. We delete the requests if they are no longer necessary. We review necessity every two years; We store inquiries from customers who have a customer account permanently and refer to the information on the customer account for deletion. Furthermore, the statutory archiving obligations apply.

Note: If you have not already done so: Please ask the respective web host for a so-called “order processing contract” (or “data processing agreement”). This is required by law because the host collects personal data from website visitors for you.
16. Collection of access data and log files
16.1. On the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR Data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, 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 a maximum of seven days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidence purposes are excluded from deletion until the respective incident has been finally clarified.

17. Online social media presence
17.1. On the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR Online presence within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to be able to inform them there about our services. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

17.2 Unless otherwise stated in our data protection declaration, we process user data if they communicate with us within social networks and platforms, e.g. write posts on our online presence or send us messages.

Notice: 1. Please remove the passage if you don’t use the service. 2. Please note the requirements when using Google Analytics: IP anonymization must be active https://support.google.com/analytics/answer/2905384?hl=de; 2.) and the “Addition to data processing” in the administration area of Google Analytics must be accepted (or a current contract, insofar as Google communicates this (s. for the current status: http: //dr Schwenke.de/google-analytics )).

If the “Remarketing” or “Google Analytics Audiences” functions are used, the following passage on these functions must also be included as a second point:

17.2. We use Google Analytics to display the ads placed within the advertising services of Google and its partners only to those users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products that are based on the visited website). websites are determined), which we transmit to Google (so-called “remarketing” or “Google Analytics audiences”). With the help of remarketing audiences, we also want to ensure that our ads correspond to the potential interests of users and are not annoying.

18.Google Analytics
18.1. On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO) we use Google Analytics, a web analysis service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online 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 thus offers a guarantee to comply with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active ).

18.3. 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 internet usage. Pseudonymous user profiles can be created from the processed data.

18.4. We only use Google Analytics with activated IP anonymization. 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 sent 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 Google data. Users can prevent the storage of cookies by setting their browser software accordingly; In addition, users can prevent the data generated by the cookie and related to their use of the online offer being collected by Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de .

18.6. You can find more information on data use by Google, setting and objection options on the Google website: https://www.google.com/intl/de/policies/privacy/partners (“Data use by Google when using websites or apps our partners”), https://policies.google.com/technologies/ads (“Use of data for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information that Google uses to show you advertising “).

Notice: 1. Please remove the passage if you don’t use the service. 2. In this section, the Google Marketing Services are summarized in order to record the services that change frequently in terms of functionality as comprehensively as possible. However, the services that are not required can also be deleted.
19. Google Re/Marketing Services
19.1. We use the marketing and remarketing services (“Google Marketing Services” for short) on the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO). ”) of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, (“Google”).

19.2. Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

19.3. The Google marketing services allow us to display advertisements for and on our website in a more targeted manner in order to only present users with advertisements that potentially match their interests. If, for example, a user is shown ads for products that he was interested in on other websites, this is referred to as “remarketing”. For these purposes, when our and other websites on which Google marketing services are active are accessed, Google executes a code directly and so-called (re)marketing tags (invisible graphics or code, also known as “web referred to as “beacons”) integrated into the website. With their help, an individual cookie, ie 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 notes which websites the user visits, what content he is interested in and which offers he clicked on, as well as technical information on the browser and operating system, referring websites, visiting times and other information on the use of the online offer. The IP address of the user is also recorded, whereby we inform 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 completely to a transferred to the Google server in the USA and shortened there. The IP address is not merged with the user’s data within other Google offers. The above information can also be linked by Google to such information from other sources. If the user then visits other websites, the ads tailored to his interests can be displayed to him.

19.4. User data is processed pseudonymously as part of Google Marketing Services. This means that Google does not store and process, for example, the name or e-mail address of the user, but processes the relevant data in relation to cookies within pseudonymous user profiles. This means that from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie owner, regardless of who this cookie owner 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”. This means that cookies cannot be tracked via 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 find out the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.

19.6. We can integrate third-party advertisements on the basis of Google’s “DoubleClick” marketing service. DoubleClick uses cookies that enable Google and its partner websites to serve ads based on users’ visits to this website and other websites on the Internet.

19.7. We can include 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 and other websites on the internet.

19.8. We can also use the “Google Optimizer” service. Google Optimizer allows us to understand the effects of various changes on a website (e.g. changes to the input fields, the design, etc.) as part of so-called “A/B testing”. For these test purposes, cookies are stored on the users’ devices. Only pseudonymous user data is processed.

19.9. We can also use the “Google Tag Manager” to integrate and manage the Google analysis and marketing services on our website.

19.10. For more information on how Google uses data for marketing purposes, see the overview page: https://policies.google.com/technologies/ads , Google’s privacy policy is at https://adssettings.google.com/authenticated .

Note: If you use the Facebook pixel with “extended matching” or “custom audience from file” (ie uploading customer or newsletter lists), the data protection authorities require an opt-in, i.e. explicit consent from the user. In this case you must include the following passage (on the current status of the legal situation: https ://dr Schwenke.de/facebook-pixel ):

Furthermore, when using the Facebook pixel, we use the additional function “extended comparison” (here data such as telephone numbers, e-mail addresses or Facebook IDs of the users are used) to form target groups (“Custom Audiences” or “Look Alike Audiences”) Facebook (encrypted) transmitted. Further information on “extended matching”: https://www.facebook.com/business/help/611774685654668 ).

We also use the “Custom Audiences from File” method of the social network Facebook, Inc. In this case, the email addresses of the newsletter recipients are uploaded to Facebook. The upload process is encrypted. The upload serves solely to determine recipients of our Facebook ads. We want to ensure that the ads are only displayed to users who are interested in our information and services.

Note on the opt-out: Please note that Facebook does not offer an opt-out at the time this template is created and you must implement it yourself. If you don’t, you must remove this passage. The implementation can take place, for example, using Javascript (setting the opt-out link) and when loading the page via PHP (which checks whether the opt-out cookie has been set and only loads the Facebook pixel if the result is negative). If a user visits the website, it must be checked whether the “opt-out” cookie is set. If so, the “Facebook pixel” must not be loaded.

In the case of your own opt-out, please include the following supplement:

To prevent the collection of your data using the Facebook pixel on our website, please click the following link: Facebook opt-out Note: If you click the link, an “opt-out” cookie will be stored on your device. If you delete the cookies in this browser, you must click the link again. Furthermore, the opt-out only applies within the browser you are using and only within our web domain on which the link was clicked.
20. Facebook, Custom Audiences and Facebook Marketing Services
20.1. Due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes, the so-called “Facebook pixel” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025 , USA, or if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).

20.2. Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

20.3. With the help of the Facebook pixel, Facebook is able to determine the visitors of our online offer as a target group for the display of advertisements (so-called “Facebook Ads”). Accordingly, we use the Facebook pixel to only display the Facebook ads we have placed to those Facebook users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products, which are based on the visited website). websites are determined), which we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interests of users and are not annoying. With the help of the Facebook pixel, we can also understand the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called “conversion”).

20.4. The processing of the data by Facebook takes place within the framework of Facebook’s data usage guidelines. Accordingly, general information on the display of Facebook ads in Facebook’s data usage guidelines: https://www.facebook.com/policy.php. You can find specific information and details about the Facebook pixel and how it works in the Facebook help area: https://www.facebook.com/business/help/651294705016616.

20.5. You can object to the collection by the Facebook pixel and the use of your data to display Facebook ads. In order to set which types of advertisements are displayed to you within Facebook, you can visit the page set up by Facebook and follow the instructions for setting usage-based advertising there: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, ie they are adopted for all devices, such as desktop computers or mobile devices.

20.6. You can also opt out of the use of cookies, which are used to measure reach and for advertising purposes, via the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/) and also the US website (http://www.aboutads.info/ choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

Notice: 1. Please remove the passage if you don’t use the service. 2. Since the social plugins are similar to the Facebook pixel in terms of functionality in that Facebook uses them to process user data for marketing purposes, the above-mentioned opt-out for the Facebook pixel should also be used for the social plugins.
21. Facebook Social Plugins
21.1. On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO) we use social plugins (“plugins”) of the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “Like”, “I like” or a “thumbs up” sign ) or are marked with the addition “Facebook Social Plugin”. The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

21.2. Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

21.3. If a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted directly from Facebook to the user’s device, which integrates it into the online offer. User profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.

21.4. By integrating the plugin, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example by pressing the Like button or making a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save their IP address. According to Facebook, only an anonymous IP address is stored in Germany.

21.5. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the relevant rights and setting options for protecting the privacy of the users can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/ .

21.6. If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info /choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, ie they are adopted for all devices, such as desktop computers or mobile devices.

Notice: 1. Please remove the passage if you don’t use the service. 2. Please note the implementation of the opt-out and privacy settings from Matomo: https://matomo.org/docs/privacy/#step-3-include-a-web-analytics-opt-out-feature-on-your-site-using-an-iframe.
22. Reach analysis with Matomo
22.1. As part of the range analysis by Matomo, the following data is processed on the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR): the type of browser you are using 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 have stayed on the website and the external links you have activated. The IP address of the users is anonymized before it is saved.

22.2. Matomo uses cookies, which are stored on the user’s computer and enable an analysis of the use of our online offer by the user. Pseudonymous user profiles can be created from the processed data. The cookies have a storage period of one week. The information generated by the cookie about your use of this website is only stored on our server and is not passed on to third parties.

22.3. Users can object to the anonymous collection of data by the Matomo program 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, which means that Matomo no longer collects any session data. However, if users delete their cookies, this means that the opt-out cookie is also deleted and must therefore be reactivated by the users.

22.4.[Bitte setzen Sie an dieser Stelle das IFRAME von Matomo mit dem opt-out cookie ein (und schalten die IP-Anonymisierung im Einstellungsbereich ein)] .

Note: Please remove the passage if you are not using the service.
23. Jetpack (WordPress Stats)
23.1. On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO), we use the Jetpack plugin (here the sub-function “Wordpress Stats”), which a Integrates a tool for statistical analysis of visitor access and is provided by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Jetpack uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website.

23.2. Automattic is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active ).

23.3. The information generated by the cookie about your use of this online offer is stored on a server in the USA. The processed data can be used to create user profiles, which are only used for analysis and not for advertising purposes. For more information, see Automattic’s privacy policy: https://automattic.com/privacy/ and information about Jetpack cookies: https://jetpack.com/support/cookies/ .

Note: Please remove the passage if you are not using the service.
24. etracker
24.1. We use the “etracker” analysis service of etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg on the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO).

24.2. From the data processed by etracker, user profiles can be created under a pseudonym. Cookies can be used for this. The cookies make it possible to recognize your browser again. The data collected with the etracker technologies will not be used to personally identify visitors to our website without the separate consent of the person concerned and will not be combined with personal data about the bearer of the pseudonym. Furthermore, the personal data is only processed for us, ie not combined with personal data collected within other online offers.

24.3. You can object to the collection and storage of data at any time with effect for the future. In order to object to data collection and storage of your visitor data for the future, you can obtain an opt-out cookie from etracker under the following link, which means that no visitor data from your browser will be collected and stored by etracker in the future: http://www .etracker.de/privacy?et=Account ID[Bitte setzen Sie an dieser Stelle Ihre Accont-ID ein] .

24.4. As a result of the opt-out, an opt-out cookie with the name “cntcookie” is set by etracker. Please do not delete this cookie as long as you wish to maintain your objection. Further information can be found in etracker’s data protection regulations: http://www.etracker.com/de/datenschutz.html .

Note: Please remove the passage if you are not using the service.
25. Criteo
25.1. We use the services of the provider Criteo GmbH, Gewürzmühlstr. 11, 80538 Munich, Germany.

25.2. Criteo’s services allow us to target advertisements for and on our website in order to present users only with advertisements that potentially match their interests. If, for example, a user is shown ads for products that he was interested in on other websites, this is referred to as “remarketing”. For these purposes, when our and other websites on which Criteo is active are accessed, Criteo immediately executes a code from Criteo and so-called (re)marketing tags (invisible graphics or code, also known as “web beacons “) integrated. With their help, an individual cookie, ie a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). This file notes which websites the user visits, what content he is interested in and which offers he clicked on, as well as technical information on the browser and operating system, referring websites, visiting times and other information on the use of the online offer. Criteo may also combine the above information with such information from other sources. If the user then visits other websites, the ads tailored to his interests can be displayed to him.

25.3. Further information as well as options for objecting to data collection by Criteo can be found in Criteo’s data protection regulations: https://www.criteo.com/de/privacy/ .

Note: Please remove the passage if you are not using the service.
26. Amazon Affiliate Program
26.1. On the basis of our legitimate interests (ie interest in the economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO) we are participants in the Amazon EU partner program, which was designed to provide a medium for websites by means of which the placement of advertisements and links to Amazon.de advertising reimbursement can be earned. Amazon uses cookies to be able to trace the origin of the orders. Among other things, Amazon can recognize that you have clicked on the partner link on this website.

26.2. For more information on how Amazon uses data, see the company’s privacy policy: http://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401 .

Note: This point will apply to almost every online shop, so it usually does not have to be deleted.
27. Communication by post, email, fax or telephone
27.1 We use means of distance communication, such as post, telephone or e-mail, for business transactions and marketing purposes. We process inventory data, address and contact data as well as contract data from customers, participants, interested parties and communication partners.

27.2 The processing takes place on the basis of Art. 6 para. 1 lit. a, Art. 7 GDPR, Art. 6 para. 1 lit. f GDPR in connection with legal requirements for advertising communications. Contact is only made with the consent of the contact partner or within the framework of legal permissions and the processed data are deleted as soon as they are not required and otherwise with objection/revocation or omission of the authorization bases or legal archiving obligations.

Note: Note: 1. Please remove the passage if you don’t use the service. 2. This is a template for a newsletter that is sent via third-party senders (MailChimp and CleverReach are optionally named as examples) and has opening and click statistics. In this case, ask the shipping service provider for an “order processing contract” (or “data processing agreement”). If you send the newsletter yourself or do not carry out any analyses, you must shorten the template accordingly.

Note: When registering, i.e. in the registration form, please refer to the contents of the newsletter and the evaluation of the opening and clicking behavior, e.g.:

Our newsletter contains information about our products, offers, promotions and our company. Information on data protection, revocation, logging and the measurement of success covered by the consent can be found in our[LINK] Data protection[/] .

If you use a shipping service provider, you must add information about this and can use these examples as a guide (use of a service provider from the EU and one from a third country):

Dispatch service provider: The newsletter is dispatched by CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, hereinafter referred to as “shipping service provider”. You can view the data protection regulations of the shipping service provider here: https://www.cleverreach.com/de/datenschutz/.

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 data protection regulations 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 thus offers a guarantee of compliance with European data protection standards (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 note 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 kept by the regulatory authority for telecommunications and broadcasting (RTR-GmbH): https://www.rtr.at/de/tk/TKKS_Spam. It contains those e-mail addresses to which no e-mails may be sent.
28th 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 procedures as well as your right of objection. By subscribing to our newsletter, you agree to receive it and the procedures described.

28.2. Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. Our newsletter also contains information about our products, offers, promotions and our company.

28.3. Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with someone else’s e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the time of registration and confirmation as well as the IP address. Changes to your data stored by the shipping service provider are also 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 data protection regulations 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 thus offers a guarantee of compliance with European data protection standards (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).

28.5. If we use a shipping service provider, the shipping service provider can, according to its own information, use this data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. for the technical optimization of shipping and the presentation of the newsletter or for statistical purposes, to determine from which countries the recipients come. However, the shipping service provider does not use the data of our newsletter recipients to write to them or pass them on to third parties.

28.6. Registration data: In order to register for the newsletter, it is sufficient if you enter your e-mail address. Optionally, we ask you to enter a name so that we can address you personally in the newsletter.

28.7. Success measurement – The newsletters contain a so-called “web beacon”, ie 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. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval, are initially collected. This information is used to technically improve the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined using the IP address) or the access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our aim 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 sending of the newsletter and the measurement of success are based on the consent of the recipient acc. Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with Section 7 Para. 2 No. 3 UWG or on the basis of the legal permission acc. § 7 para. 3 UWG.

28.9. Austria: The sending of the newsletter and the measurement of success are based on the consent of the recipient acc. Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 107 para. 2 TKG or on the basis of the legal permission acc. § 107 para. 2 and 3 TKG.

28.10. The registration process is logged on the basis of our legitimate interests in accordance with Art. Art. 6 para. 1 lit. f GDPR and serves as proof of consent to receive the newsletter.

28.11. Newsletter recipients can cancel the receipt of our newsletter at any time, ie revoke their consent. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, your consent to the success measurement expires. Unfortunately, it is not possible to revoke the success measurement separately. In this case, the entire newsletter subscription must be cancelled. When you unsubscribe from the newsletter, the personal data will be deleted unless their storage is legally required or justified, in which case their processing will only be limited to these exceptional purposes. In particular, we can store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them for the purpose of sending the newsletter in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time.

Note: Please check whether the services mentioned are used within your online offer and adjust the list accordingly. You can add further services according to the existing examples.
29. Integration of Third-Party Services and Content
29.1. We use content or service offers from third-party providers within our online offer on the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit Integrate services such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can 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 can also be stored in cookies on the user’s device and can contain, among other things, technical information about the browser and operating system, referring websites, visiting times and other information on the use of our online offer, and can also be linked to such information from other sources.

29.2. The following presentation offers an overview of third-party providers and their content, along with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities to object (so-called opt-out).
– If our customers use third-party payment services (e.g. PayPal or Sofortüberweisung), the terms and conditions and data protection notices of the respective third-party providers apply, which can be accessed within the respective websites or transaction applications.

– External fonts from Google, LLC., https://www.google.com/fonts (“Google Fonts”). The Google Fonts are integrated by calling up a server at Google (usually in the USA). Privacy Policy: https://policies.google.com/privacy , Opt-Out: https://adssettings.google.com/authenticated .

– Maps provided by the “Google Maps” service provided by the third-party provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/ , opt-out: https://www.google.com/settings/ads/ .

– Videos from the “YouTube” platform of the third-party provider Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/ , opt-out: https://www.google.com/settings/ads/ .

– Functions of the Google+ service are integrated within our online offer. These functions are offered by the third-party provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. If you are logged into your Google+ account, you can click on the Google+ button to link the content of our pages to your Google+ profile. This allows Google to associate your visit to our site 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 data transmitted or how it is used by Google+. Data protection declaration: https://policies.google.com/privacy , opt-out: https://adssettings.google.com/authenticated .

– 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 click on the Instagram button to link the content of our pages to your Instagram profile. This allows Instagram to associate your visit to our site with your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the data transmitted or how it is used by Instagram. Data protection: http://instagram.com/about/legal/privacy/ .

– We use social plugins from the Pinterest social network operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA (“Pinterest”). If you call up a page that contains such a plugin, your browser establishes a direct connection to the Pinterest servers. The plugin transmits log data to the Pinterest server in the USA. This log data may include your IP address, the address of the websites visited that also contain Pinterest functions, the type and settings of the browser, the date and time of the request, how you use Pinterest and cookies. Data protection: https://about.pinterest.com/de/privacy-policy .

– Within our online offer, functions of the service or the Twitter platform can be integrated (hereinafter referred to as “Twitter”). Twitter is an offer from Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. The functions include the display of our posts within Twitter within our online offer, the link to our profile on Twitter and the possibility of interacting with the posts and functions of Twitter, as well as measuring whether users have read the advertisements we have placed on Twitter reach our online offer (so-called conversion measurement). Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active ). Data protection declaration: https://twitter.com/de/privacy , Opt-Out: https://twitter.com/personalization .