This privacy policy informs you about the type, scope, and purpose of the processing of personal data (hereinafter referred to as „data“) within the scope of the provision of our services, as well as within our online offering and the websites, functions, and content associated with it, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as „online offering“). With regard to the terminology used, such as „processing“ or „controller,“ we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Controller
Bernd Morgenthaler
Gipsenweg 10
D-82515 Wolfratshausen
bernd@morgenthaler.de
0049 – 172 – 140 1969
Types of processed data
– Master data (e.g., personal master data, names, or addresses).
– Contact details (e.g., email, phone numbers).
– Content data (e.g., text inputs, photographs, videos).
– Usage data (e.g., visited websites, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offering (hereinafter we also refer to the data subjects collectively as „users“).
Purpose of processing
– Provision of the online service, its functions and content.
– Answering contact inquiries and communicating with users.
– Security measures.
– Audience measurement / Marketing
Terminology used
„Personal data“ means any information relating to an identified or identifiable natural person (hereinafter referred to as „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.
„Processing“ means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and covers practically any handling of data.
„pseudonymisation means 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 are not attributed to an identified or identifiable natural person.
„Profiling“ means 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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
The „controller“ is 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.
Applicable legal bases
In accordance with Art. 13 GDPR, we inform you of the legal basis for our data processing. For users within the territorial scope of the General Data Protection Regulation (GDPR), i.e., the EU and the EEA, the following applies unless the legal basis is stated in the privacy policy:
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR;
The legal basis for processing for the performance of our services and execution of contractual measures, as well as for responding to 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;
In cases where vital interests of the data subject or another natural person require the processing of personal data, Art. 6(1)(d) GDPR serves as the legal basis.
The legal basis for the processing required for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Art. 6 (1) (e) GDPR.
The legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR.
The processing of data for purposes other than those for which they were collected is governed by the provisions of Article 6(4) GDPR.
The processing of special categories of data (in accordance with Art. 9 para. 1 GDPR) is governed by the provisions of Art. 9 para. 2 GDPR.
Security measures
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 to ensure a level of security appropriate to the risk, in accordance with statutory requirements.
The measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access, input, disclosure, the safeguarding of availability, and their segregation. Furthermore, we have established procedures to ensure the exercise of data subjects' rights, the deletion of data, and the response to threats to the data. In addition, we take the protection of personal data into account as early as the development or selection of hardware, software, and procedures, in accordance with the principle of data protection by design and by default.
Cooperation with data processors, joint controllers and third parties
If, in the context of our processing, we disclose data to other persons and companies (processors, joint controllers, or third parties), transmit it to them, or otherwise grant them access to the data, this is done exclusively on the basis of legal permission (e.g., if a transmission of the data to third parties, such as payment service providers, is necessary for the performance of the contract), users have consented, a legal obligation provides for it, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).
Insofar as we disclose data to other companies within our corporate group, transfer it to them, or otherwise grant them access, this is done in particular for administrative purposes as a legitimate interest and, beyond that, on a basis complying with statutory requirements.
Transfers to third countries
If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA), or the Swiss Confederation), or if this is done in the context of using third-party services, or disclosing or transferring data to other persons or companies, this will only occur if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the statutory requirements are met. This means, for example, that the processing is based on special guarantees, such as the officially recognized determination of a data protection level equivalent to that of the EU (e.g., for the USA through the „Privacy Shield“) or compliance with officially recognized special contractual obligations.
Data subject rights
You have the right to request confirmation as to whether data in question is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with statutory provisions.
In accordance with legal requirements, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
You have the right, in accordance with legal requirements, to demand that the data in question be deleted without undue delay, or alternatively to demand a restriction on the processing of the data in accordance with legal requirements.
You have the right to request to receive the data concerning you that you have provided to us in accordance with the statutory provisions and to demand its transmission to other controllers.
Furthermore, in accordance with statutory requirements, you have the right to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke given consents with effect for the future.
Right to object
You can object to the future processing of data concerning you at any time in accordance with statutory requirements. The objection may be made, in particular, against processing for direct marketing purposes.
Cookies and right to object to direct marketing
„Cookies“ are small files that are stored on users„ computers. Various data can be stored within 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 service. Temporary cookies, or “session cookies„ or “transient cookies,„ are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. “Permanent„ or “persistent„ cookies are cookies that remain stored even after the browser is closed. For instance, the login status can be saved if users visit the site again after several days. Similarly, such a cookie can store user interests that are used for reach measurement or marketing purposes. “Third-party cookies„ are cookies that are offered by providers other than the controller operating the online service (otherwise, if they are only the controller's own cookies, they are referred to as “first-party cookies").
We may use temporary and permanent cookies, which is explained in our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. The exclusion of cookies may lead to functional restrictions of this online service.
A general objection to the use of cookies employed for online marketing purposes can be declared 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 prevented by disabling them in your browser settings. Please note that if you do this, you may not be able to use all the functions of this online service.
Data deletion
The data processed by us will be deleted or restricted in its processing in accordance with legal requirements. Unless explicitly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and no statutory retention obligations conflict with the deletion.
Unless the data is deleted because it is required for other legally permissible purposes, its processing will be restricted. This means 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 law reasons.
Changes and updates to the privacy policy
We kindly ask you to inform yourself regularly about the content of our privacy policy. We will adjust the privacy policy as soon as changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require an action on your part (e.g., consent) or some other individual notification.
Business-related processing
Additionally, we process
– Contract data (e.g., contract subject, term, customer category).
– Payment data (e.g., bank details, payment history)
from our customers, prospective clients, and business partners for the purpose of providing contractual services, customer service and maintenance, marketing, advertising, and market research.
Order processing in the online shop and customer account
We process our customers' data as part of the ordering processes in our online shop to enable them to select and order the chosen products and services, as well as their payment and delivery or execution.
The processed data includes master data, communication data, contract data, and payment data, and the data subjects affected by the processing include our customers, prospective customers, and other business partners. The processing is carried out for the purpose of providing contractual services within the scope of operating an online shop, billing, delivery, and customer service. In doing so, we use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
The processing is carried out to fulfill our services and perform contractual measures (e.g., processing orders) and insofar as it is legally required (e.g., legally required archiving of business transactions for commercial and tax purposes). The information marked as necessary is required for the establishment and fulfillment of the contract. We disclose data to third parties only in the context of delivery, payment, or within the framework of legal permissions and obligations, as well as when this is based on our legitimate interests, about which we inform you within the scope of this privacy policy (e.g., to legal and tax advisors, financial institutions, freight forwarders, and authorities).
Users can optionally create a user account, which allows them, among other things, to view their orders. The required mandatory information is communicated to users as part of the registration process. User accounts are not public and cannot be indexed by search engines. When users have terminated their user account, their data regarding the user account will be deleted, subject to retention being necessary for commercial or tax law reasons. Information in the customer account remains until its deletion, followed by archiving in the event of a legal obligation or our legitimate interests (e.g., in the event of legal disputes). It is the users' responsibility to back up their data prior to the end of the contract in the event of termination.
During registration, subsequent logins, and the use of our online services, we store the IP address and the time of the respective user action. This data is stored based on our legitimate interests as well as the users' interests in protection against abuse and other unauthorized use. As a rule, this data is not passed on to third parties, unless it is necessary to pursue our legal claims as a legitimate interest or there is a legal obligation to do so.
Deletion takes place after the expiry of statutory warranty and other contractual rights or obligations (e.g., payment claims or performance obligations from contracts with customers), with the necessity of retaining the data being reviewed every three years; in the case of retention based on statutory archiving obligations, deletion takes place accordingly after their expiry.
Google Tag Manager
Google Tag Manager is a solution that allows us to manage so-called website tags via an interface (and thus, for example, integrate Google Analytics as well as other Google marketing services into our online offering). The Tag Manager itself (which implements the tags) does not process users' personal data. With regard to the processing of users' personal data, reference is made to the following information regarding Google services. Terms of Use: https://www.google.com/intl/de/tagmanager/use-policy.html.
Google Analytics
Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), 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 offering by users is generally transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield framework, thereby providing a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate users' use of our online service, to compile reports on activities within this online service, and to provide us with other services associated with the use of this online service and internet usage. In the process, pseudonymous user profiles of the users may be created from the processed data.
We use Google Analytics only with activated IP anonymization. This means that the IP addresses of users are truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there.
The IP address transmitted by the user's browser is not merged with other data by Google. Users can prevent the storage of cookies by adjusting their browser software settings; furthermore, users can prevent Google from collecting the data generated by the cookie and relating to their use of the online service, as well as the processing of this data by Google, by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
You can find more information about Google's data usage, settings, and opt-out options in Google's Privacy Policy (https://policies.google.com/privacy) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
The users' personal data will be deleted or anonymized after 14 months.
Google Universal Analytics
We use Google Analytics in its „Universal Analytics“ configuration. „Universal Analytics“ refers to a method by Google Analytics in which user analysis is based on a pseudonymous user ID, thereby creating a pseudonymous profile of the user with information from the use of various devices (so-called „cross-device tracking“).
Google AdWords and conversion tracking
Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA („Google“).
Google is certified under the Privacy Shield framework, thereby providing a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the online marketing procedure Google „AdWords“ to place ads in the Google advertising network (e.g., in search results, in videos, on websites, etc.) so that they are displayed to users who have a presumed interest in the ads. This allows us to display ads for and within our online offering in a more targeted manner, in order to present users only with ads that potentially match their interests. If, for example, a user is shown ads for products in which they were interested on other online offerings, this is referred to as „remarketing.“ For these purposes, when our and other websites on which the Google advertising network is active are called up, a code is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also referred to as „web beacons“) are integrated into the website. With their help, an individual cookie, i.e., a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). This file records which websites the user has visited, which content they are interested in, and which offers the user has clicked on, as well as technical information on the browser and operating system, referring websites, time of visit, and further details on the use of the online offering.
Furthermore, we receive an individual „conversion cookie.“ The information gathered using the cookie is used by Google to compile conversion statistics for us. However, we only learn the anonymous total number of users who clicked on our ad and were redirected to a page tagged with a conversion tracking tag. However, we do not receive any information that can be used to personally identify users.
Within the Google advertising network, user data is processed pseudonymously. This means that Google does not store and process, for example, the users' names or email addresses, but rather processes the relevant data on a cookie-related basis within pseudonymous user profiles. Consequently, from Google's perspective, ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who that cookie holder is. This does not apply if a user has explicitly permitted Google to process the data without this pseudonymization. The information collected about the users is transmitted to Google and stored on Google's servers in the USA.
Further information on data use by Google, settings and opt-out options can be found in Google's privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
Created with privacy policy generator by attorney Dr. Thomas Schwenke
Email addresses
We do NOT share email addresses with third parties.