This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter collectively referred to as the "online offer"). With regard to the terms used, such as "processing" or "responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Name / company: BESTFORM UG
Street number: Am Stadtrand 50
Postcode, town, country: 22047 Hamburg, Germany
Commercial Register / No .: HRB 14 00 83
Managing Directors: Christoph Gola & Sven Hagenbach
Telephone number: +4940 571 99893 1
Email address: firstname.lastname@example.org
Types of data processed:
- Inventory data (e.g., names, addresses).
- Contact details (e.g., email, telephone numbers).
- Content data (e.g., text input, photographs, videos).
- Contract data (e.g., object of contract, term, customer category).
- Payment data (e.g. 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 (Art. 9 Para. 1 GDPR):
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 collectively refer to the data subjects as “users”.
Purpose of processing:
- Providing the online offer, its content and shop functions.
- Provision of contractual services, service and customer care.
- Answering contact inquiries and communicating with users.
- Marketing, advertising and market research.
- Safety measures.
As of: 05/2020
1. Terms used
1.1. "Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); An identifiable person is a natural person who can be identified directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
1.2. "Processing" is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term goes far and covers practically every handling of data.
1.3. The “person responsible” is the natural or legal person, public authority, agency or other body that alone or together 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 for the performance of our services and implementation of 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 serves as the legal basis.
3. Changes and updates to the data protection declaration
We ask you to inform yourself regularly about the content of our data protection declaration. We 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 an act of cooperation on your part (e.g. consent) or other individual notification becomes necessary as a result of the changes.
4. Security measures
4.1. In accordance with Art. 32 GDPR, we take into account appropriate technical considerations, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing, as well as the different probability and severity of the risk to 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, ensuring the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access, input, transfer, securing availability and its separation. Furthermore, we have set up procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
4.2. The security measures include in particular the encrypted transmission of data between your browser and our server.
5. Disclosure and transmission of data
5.1. If we disclose data to other people and companies (processors or third parties) as part of our processing, transmit them to them or otherwise give them access to the data, this will only be done on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, in accordance with Art. 6 Para. 1 b GDPR 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, business - and legal advisers, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual, administrative and other duties).
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 GDPR.
6. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done as part of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, based on your consent, on the basis of 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 special requirements of Art. 44 ff. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
7. Rights of the data subjects
7.1. You have the right to request confirmation as to whether the data in question are being processed and for information about this data and for 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 the incorrect data concerning you.
7.3. In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request that the processing of the data be restricted.
7.4. You have the right to request that the data concerning you, which you have provided to us, be received in accordance with Art. 20 GDPR and to be transmitted to other responsible persons.
7.5. You have also gem. Art. 77 GDPR the right to lodge a complaint with the responsible supervisory authority.
8. Right of withdrawal
You have the right to give consent in accordance with Revoke Art. 7 Para. 3 GDPR with effect for the future.
9. Right to object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can be made in particular against processing for direct marketing purposes.
10. Cookies and right to object to direct mail
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 within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can be used, for example, to store the contents of a shopping cart in an online shop or a login status. "Permanent" or "persistent" are 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. Such a cookie can also be used to store the interests of users who are used for range measurement or marketing purposes. A "third-party cookie" refers to cookies from providers other than the person responsible for operating the online offering (otherwise, if they are only their cookies, we speak of "first-party cookies").
10.2. We use temporary and permanent cookies and clarify this in the context of 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 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 is deleted in accordance with Art. 17 and 18 GDPR or its processing is restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention requirements to prevent deletion. 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 is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.
11.2. Germany: According to legal requirements, storage is carried out in particular for 6 years in accordance with Section 257 (1) HGB (trading books, inventories, opening balance sheets, annual accounts, trading letters, booking receipts, etc.) and for 10 years in accordance with Section 147 (1) AO (books, records , Management reports, booking vouchers, commercial and business letters, documents relevant for taxation, etc
12. Order processing in the online shop and customer account
12.1. We process our customers' data 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 data subjects include our customers, prospects and other business partners. The processing is carried out 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 save the login status.
12.3. Processing takes place on the basis of Art. 6 Para. 1 lit. b (Execution of order processes) and c (Archiving required by law) GDPR. The information marked as required is required to justify and fulfill the contract. We only disclose the data to third parties within the scope of delivery, payment or within the scope of legal permits and obligations towards legal advisers and authorities. The data will only be processed in third countries if this is necessary for the fulfillment of the contract (e.g. at the customer's request for delivery or payment).
12.4. Users can optionally create a user account, in particular by viewing 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 retention for commercial or tax law reasons in accordance with Art. 6 Para. 1 lit. c GDPR necessary. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to back up their data if the termination is successful before the end of the contract.
12.5. As part of the registration and renewed registration and use of our online services, we save 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. This data is not 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. 6 para. 1 lit. c GDPR.
12.6. The deletion takes place after expiry of statutory warranty and comparable obligations, the necessity of storing the data is checked every three years; in the case of statutory archiving obligations, deletion takes place after its expiry (end of commercial law (6 years) and tax law (10 years) retention requirement); Information in the customer account remains until it is deleted.
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 available to us regarding 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 data subjects 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 registered users with information, for example on their purchase processes. The analyzes help us to increase user-friendliness, optimize our offer and business 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 anonymized upon termination of the user, otherwise after two years from the conclusion of the contract. In addition, the overall business analyzes and general trend determinations are created anonymously if possible.
2. A customer's creditworthiness can be checked if there is otherwise a risk of non-payment, ie if the goods are delivered without payment being 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 option prepayment or makes the payment via third-party providers such as PayPal.
It should also be noted that obtaining automatic credit information is an "automated decision in individual cases" according to Art. 22 GDPR, ie a legal decision without human involvement. 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 conclusively clarified, but is often taken for granted, including by the author of this sample. However, if you want to rule out any risk, you should get your consent.
Consent is also necessary if the credit check is already being used to decide whether the option "on account" should be shown. Because it could have been that the customer would have opted for the prepayment or Paypal anyway and the credit check would not have been necessary.
Such consent could, for example, be as follows:
I agree that a credit check is carried out in order to decide in an automated process (Art. 22 GDPR) whether the option of purchase on account is offered. You can find more information on the credit check, the credit bureaus used and the procedure as well as the options for objection in our [Link] Data Protection Declaration [/ Link].
14. Credit check
14.1. If we make advance payments (e.g. when purchasing on account), we reserve the right to obtain identity and credit information in order to safeguard legitimate interests in order to assess the credit risk on the basis of mathematical-statistical procedures from specialized service providers (credit reporting agencies).
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 reporting agencies:
[Please indicate the credit agencies here, for example:] 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 bureaus on the statistical likelihood of a payment default as part of an appropriate discretionary decision regarding the establishment, implementation and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative result of the credit check.
14.4. The decision as to whether we make 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 reporting agency.
14.5 If we obtain express consent from you, the legal basis for the credit check and the transmission of the customer's data to the credit agencies is consent in accordance with. 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. 6 para. 1 lit. f. GDPR.
15. Contact 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 processing it in accordance with Art. 6 para. 1 lit. b) GDPR processed.
15.2. The information provided by users can be saved in our customer relationship management system (“CRM system”) or a comparable request organization.
15.3. We delete the requests if they are no longer necessary. We check the necessity every two years; We save inquiries from customers who have a customer account permanently and refer to the information on the customer account for deletion. The statutory archiving obligations also apply.
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 include the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider .
16.2. For security reasons (e.g. to investigate misuse or fraud), log file information is stored for a maximum of seven days 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 presence in social media
17.1. We maintain on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to be able to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
17.2 Unless otherwise stated in our data protection declaration, we process the data of users provided that they communicate with us within social networks and platforms, e.g. write posts on our online presence or send us messages.
27. Communication via post, email, fax or telephone
27.1 We use telecommunication means such as mail, telephone or email for business transactions and marketing purposes. We process inventory data, address and contact details as well as contract data from customers, participants, interested parties and communication partners.
27.2 Processing is based on Art. 6 Para. 1 lit. a, Art. 7 GDPR, Art. 6 Para. 1 lit. f GDPR in connection with legal requirements for advertising communications. The contact is only made with the consent of the contact partner or within the scope of the legal permits and the processed data is deleted as soon as it is not necessary and otherwise with objection / revocation or elimination of the authorization basis or statutory archiving obligations.
28.1. With the following information we inform you about the content of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your right to object. By subscribing to our newsletter, you agree to the receipt 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 a legal permission. Insofar as the content of a newsletter is specifically described, it is decisive for the consent of the user. Our newsletters also contain information about our products, offers, promotions and our company.
28.3. Double opt-in and logging: The registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can register with someone else's email address. The registrations for the newsletter are logged in order to be able to demonstrate 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 with the shipping service provider are also logged.
April 28 Shipping service provider: The newsletter is sent using "MailChimp", a newsletter sending 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 to comply with the European data protection level (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
28.5. Insofar as we use a shipping service provider, the shipping service provider can use this data according to its own information in pseudonymous form, ie 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 which countries the recipients come from. However, the shipping service provider does not use the data of our newsletter recipients to write to them themselves or to pass them on to third parties.
28.6. Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to enter a name in the newsletter for personal address.
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 access 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 observe 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 dispatch of the newsletter and the measurement of success are based on the consent of the recipient in accordance with Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 Para. 2 No. 3 UWG or on the basis of the legal permission acc. Section 7 (3) UWG.
10/28 The logging of the registration process is based on our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR and serves as proof of consent to receive the newsletter.
11/28 Newsletter recipients can cancel the receipt of our newsletter at any time, ie withdraw 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 measurement of success expires. A separate revocation of the success measurement is unfortunately not possible, in this case the entire newsletter subscription must be canceled. 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 is restricted to these exceptional purposes only. In particular, we can save the e-mail addresses that have been carried out for up to three years based on 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 consent is confirmed.
29. Integration of services and content from third parties
29.1. On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Article 6 (1) (f) GDPR), we use content or service offers from third-party providers within our online offer in order to understand their content and Integrate services such as videos or fonts (hereinafter 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 to display 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 contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information on the use of our online offer, as well as being linked to such information from other sources.
29.2. The following illustration provides 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, options for objection (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 called up within the respective websites or transaction applications.
- External fonts from Google, LLC., https://www.google.com/fonts ("Google Fonts"). The integration of the Google Fonts is done by calling up a server at Google (usually in the USA). Data protection: https://policies.google.com/privacy, Opt-out: https://adssettings.google.com/authenticated.
- Maps of the "Google Maps" service provided by the third-party provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: 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: https://www.google.com/policies/privacy/, Opt-out: https://www.google.com/settings/ads/.
- Functions of the Google+ service are integrated into 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 link the content of our pages with your Google+ profile by clicking the Google+ button. This enables Google to assign your visit to our website to your user account. We would like to point out that, as the provider of the website, we have no knowledge of the content of the data transmitted or how Google+ uses it. Data protection: https://policies.google.com/privacy, Opt-out: https://adssettings.google.com/authenticated.
- Functions of the Instagram service are integrated into our online offer. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our website 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 social network Pinterest, which is operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA (“Pinterest”). When you access 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 contain your IP address, the address of the websites visited, which also contain Pinterest functions, type and settings of the browser, date and time of the request, your use of Pinterest and cookies. Data protection: https://about.pinterest.com/de/privacy-policy.
- Functions of the service or the platform Twitter can be integrated into our online offer (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 presentation of our posts within Twitter within our online offer, the link to our profile on Twitter as well as the possibility to interact with the posts and the functions of Twitter, as well as to measure whether users about the advertisements we have placed on Twitter access 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: https://twitter.com/de/privacy, Opt-out: https://twitter.com/personalization.