This data protection declaration informs you about 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 connected 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).
Name/Fa.: Mosler Stuntebeck Müller GbR
Street no.: Wolfsgärten 3
Postcode, city, country: 37115 Duderstadt, Germany
Shareholders: Dr. Lüder Mosler, Tobias Stuntebeck, Dr. André Müller
Phone number: +49 15678 322200
E-mail address: email@example.com
Types of data processed
– Inventory data (e.g. names, addresses)
– Contact data (e.g. e-mail, telephone numbers)
– Content data (e.g., text input, photographs, videos)
– Contract data (e.g. subject of 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 (Article 9(1) of the GDPR)
No special categories of data are processed.
Categories of data subjects
– 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 the processing
– Provision of the online offer, its contents and shop functions
– Provision of contractual services, service and customer care
– Answering contact requests and communicating with users
– Marketing, advertising and market research
– security measures
Status: 01 / 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
4. Security measures
4.1. We take appropriate technical and organisational measures 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, in order to ensure a level of protection appropriate to the risk; 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. We have also established procedures to ensure the exercise of data subjects’ 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 (Art. 25 DSGVO).
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 will 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 in accordance with Art. 6 para. 1 lit. b DSGVO is necessary 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 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 if we do so 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 in order to fulfil 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 that processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised 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 be informed about this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO.
7.2. In accordance with Art. 16 DSGVO, you have the right to request that the data concerning you be completed or that the incorrect data concerning you be corrected.
7.3. In accordance with Art. 17 DSGVO, you have the right to demand that the data in question be deleted without delay, or alternatively, in accordance with Art. 18 DSGVO, to demand restriction of the processing of the data.
7.4. You have the right to obtain the data concerning you that you have provided to us, in accordance with Article 20 of the GDPR, and to request that it be communicated to other data controllers.
7.5. You also have, in accordance with Article 77 DSGVO the right to lodge a complaint with the competent supervisory authority.
8. Right of withdrawal
You have the right to withdraw your consent in accordance with the law. Art. 7 para. 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 or her visit to an online site. 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 shop or a login status can be stored. Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit them after several days. Likewise, the interests of the users can be stored in such a cookie, which is used for range 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”).
If users do not want cookies to be stored on their computer, they are asked to deactivate 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.
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 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 is not contrary to 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.
11.2. Germany: According to legal requirements the storage takes place in particular for 6 years in accordance with § 257 Abs. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) as well as for 10 years pursuant to § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
11.3. Austria: According to legal requirements, the storage takes place in particular for 7 years according to § 132 Abs. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real property and for 10 years in the case of documents relating to electronically supplied services, telecommunications, radio and television services supplied to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
12. Order processing in the online shop and customer account
12.1. We process the data of our customers in the context 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 data subjects are 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 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 is carried out on the basis of Art. 6 para. 1 lit. b (Execution of order processes) and c (Legally required archiving) DSGVO. The information marked as required is necessary for the justification and fulfilment 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 towards legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfilment 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. Within the scope of the registration, the required mandatory data are communicated to the users. 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. Article 6(2) 1 lit. c DSGVO 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 is 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 the users in protection against abuse and other unauthorized use. 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 law. Article 6(2) 1 lit. c GDPR.
12.6. The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of the storage of 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 its deletion.
13. Business analyses and market research
13.1. In order to operate our business economically and to be able to recognise market trends, customer and user wishes, we analyse the data available to us on business transactions, contracts, enquiries, etc.. In doing so, 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 optimisation 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 will be deleted or made anonymous upon termination by the user, otherwise after two years from the conclusion of the contract. In addition, wherever possible, macroeconomic analyses and general trend analyses are prepared anonymously.
14. Contact and customer service
14.1. 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. Article 6(2) 1 lit. b) DSGVO processed.
14.2. User information may be stored in our Customer Relationship Management System (“CRM System”) or similar inquiry organization.
14.3. We delete the requests if they are no longer necessary. We review the necessity every two years; we store requests from customers who have a customer account permanently and refer to the customer account details for deletion. Furthermore, the legal archiving obligations apply.
15. Collection of access data and log files
15.1. 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.
15.2. Log file information is stored for security reasons (e.g. for the clarification of abuse or fraud) for a maximum of seven days and then deleted. Data whose further retention is necessary for evidentiary purposes shall be exempt from deletion until the final clarification of the respective incident.
16. Online presence in social media
16.1. 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 guidelines of their respective operators apply.
16.3. 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 the users and are not harassing.
17. Google analytics
17.2. Google is certified under the Privacy Shield agreement, thereby providing a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
17.3. 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. Pseudonymous usage profiles of the users can be created from the processed data.
17.4. 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 transferred to a Google server in the USA and shortened there.
17.5. 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; 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.
17.6. 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 Display Ads to You”).
18. Google re/marketing services
18.1. We use the marketing and remarketing services (in short “Google Marketing Services”) of Google LLC, 1600 Amphitheatre Park Park, Mountain View, CA 9.0. DSGVO) the marketing and remarketing services (in short “Google Marketing Services”) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
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’s marketing services allow us to display advertisements for and on our website in a more targeted manner to present users with only ads that potentially match their interests. If, for example, a user is shown ads for products in which he has shown interest 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 known 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 he is interested in and which offers he has clicked on, as well as technical information on the browser and operating system, referring web pages, time of visit and other information on 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 transmitted in full to a Google server in the USA and shortened there. The IP address is not merged with data of the user within other offers of Google. The above information may also be combined by Google with information from other sources. When the user subsequently visits other websites, he can be shown ads tailored to his interests.
18.4. 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. 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 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 pseudonymisation. The information collected about users by Google marketing services is transmitted to Google and stored on Google’s servers in the USA.
18.5. 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 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 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.
18.8. We can also use the “Google Optimizer” service. Google Optimizer allows us to track the effect of 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 are processed.
18.9. Furthermore, we may use the “Google Tag Manager” to integrate and manage Google analytics and marketing services on our website.
19. Communication by post, e-mail, fax or telephone
19.1 We use remote means of communication, such as post, telephone or email, for business 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.
19.2 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 is only made with the consent of the contact partners or within the framework of legal permissions and the processed data is deleted as soon as it is no longer required and otherwise with objection / revocation or the discontinuation of the authorization basis or legal archiving obligations.
20. Integration of services and contents of third parties
20.1. 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, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required for the display of this content. We endeavour to use only such content whose respective providers use the IP address only for the delivery of the content. Third-party vendors 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 Web pages, time of visit and other information about the use of our online offer, as well as be combined with such information from other sources.
20.2. 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 part already mentioned here, options for objection (so-called opt-out).