1) Information about the collection of personal data and contact details of the person responsible.
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is any data with which you can be personally identified.
1.2 The responsible party for data processing on this website within the meaning of the General Data Protection Regulation (DSGVO) is DowHow Trading UG (haftungsbeschränkt), Europaring 4, 94315 Straubing, Germany, Tel.: 0171 – 4591828, e-mail: firstname.lastname@example.org. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or requests to the controller). You can recognize an encrypted connection by the string “https://” and the lock symbol in your browser line.
2) Data collection when visiting our website
When using our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the time of access
- Amount of data sent in bytes
- Source/reference from which you came to the site
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively should concrete indications point to illegal use.
In order to make visiting our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your terminal device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your terminal device and allow your browser to be recognized on your next visit (so-called persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data and IP address values to an individual extent. Persistent cookies are automatically deleted after a specified period of time, which may differ depending on the cookie. The duration of the respective cookie storage can be found in the overview of the cookie settings of your web browser.
In some cases, cookies are used to simplify the ordering process by storing settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b DSGVO either for the performance of the contract, in accordance with Art. 6 para. 1 lit. a DSGVO in the case of consent given, or in accordance with Art. 6 para. 1 lit. f DSGVO to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.
Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find this for the respective browsers under the following links:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Please note that if you do not accept cookies, the functionality of our website may be limited.
When contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 Para. 1 lit. f DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after final processing of your request. This is the case when the circumstances indicate that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
5) Online appointment
This website uses the “Calendly” software of the provider Calendly, LLC, BB&T Tower, 271 17th St NW, Atlanta, GA 30363, USA to provide an online appointment booking function.
For the purpose of assigning appointments, first and last name as well as email address (and possibly the telephone number, if a telephone appointment is desired) are collected in accordance with Art. 6 Para. 1 lit. b DSGVO and transmitted to Calendly in accordance with Art. 6 Para. 1 lit. f DSGVO on the basis of our legitimate interest in effective customer management and efficient appointment management and stored there for the appointment organization. This may also result in data transfers to the servers of Calendly, LLC, in the USA.
After the appointment has been held or after the agreed appointment period has expired, your data will be deleted by Calendly. We have entered into an order processing agreement with Calendly, in which we obligate Calendly to protect our customers’ data in accordance with legal requirements.
6) Data processing when opening a customer account and for contract processing
Pursuant to Art. 6 para. 1 lit. b DSGVO, personal data will continue to be collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. A deletion of your customer account is possible at any time and can be done by sending a message to the above address of the responsible person. We store and use the data provided by you for the purpose of processing the contract. After complete processing of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial retention periods and deleted after expiration of these periods, unless you have expressly consented to a further use of your data or a legally permitted further use of data was reserved by us.
7) Comment function
In the context of the comment function on this website, in addition to your comment, information on the time of the creation of the comment and the commentator name selected by you will be stored and published on this website. Furthermore, your IP address will be logged and stored. This storage of the IP address is done for security reasons and in the event that the person concerned violates the rights of third parties by posting a comment or posts illegal content. We need your e-mail address to contact you in case a third party objects to your posted content as illegal. The legal basis for storing your data is Art. 6 para. 1 lit. b and f DSGVO. We reserve the right to delete comments if they are objected to by third parties as unlawful.
8) Use of customer data for direct advertising
8.1 Registration for our e-mail newsletter
If you register for our e-mail newsletter, we will send you regular information about our offers. Mandatory data for sending the newsletter is only your e-mail address. The provision of further data is voluntary and will be used to address you personally. For sending the newsletter we use the so-called double opt-in procedure. This means that we will only send you an e-mail newsletter if you have explicitly confirmed that you agree to receive newsletters. We will then send you a confirmation e-mail asking you to confirm that you would like to receive the newsletter in the future by clicking on an appropriate link.
By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a DSGVO. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter will be used exclusively for the purpose of advertising the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the person responsible mentioned at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this declaration.
8.2 Newsletter dispatch via MailChimp
Our email newsletters are sent via the technical service provider The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (http://www.mailchimp.com/), to whom we pass on your data provided during newsletter registration. This transfer takes place in accordance with Art. 6 (1) lit. f DSGVO and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. Please note that your data is usually transferred to a MailChimp server in the USA and stored there.
MailChimp uses this information to send and statistically evaluate the newsletters on our behalf. For the evaluation, the sent emails contain so-called web beacons or tracking pixels, which are single-pixel image files that are stored on our website. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked on. With the help of the web beacons, Mailchimp automatically creates general, non-personal statistics about the response behavior to newsletter campaigns. However, on the basis of our legitimate interest in the statistical evaluation of newsletter campaigns for the optimization of promotional communication and better targeting of recipient interests, the web beacons also collect and utilize data of the respective newsletter recipient (mail address, time of retrieval, IP address, browser type and operating system) in accordance with Art. 6 para. 1 lit f DSGVO. This data allows an individual conclusion to be drawn about the newsletter recipient and is processed by Mailchimp for the automated creation of statistics that show whether a particular recipient has opened a newsletter message.
If you want to deactivate the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
MailChimp may also use this data itself in accordance with Art. 6 (1) (f) DSGVO on the basis of its own legitimate interest in the needs-based design and optimization of the service, as well as for market research purposes, for example to determine which countries the recipients come from. However, MailChimp does not use the data of our newsletter recipients to write to them itself or to pass them on to third parties.
To protect your data in the USA, we have concluded a data processing agreement (“Data Processing Agreement”) with MailChimp based on the standard contractual clauses of the European Commission to enable the transfer of your personal data to MailChimp. If you are interested, this data processing agreement can be viewed at the following internet address: https://mailchimp.com/legal/data-processing-addendum/.
9) Data processing for order processing
9.1 In order to process your order, we work together with the service provider(s) listed below, who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for the transfer of data is Art. 6 (1) lit. b DSGVO.
9.2 Use of payment service providers (payment services)
When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment payment” via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) as part of the payment processing. The transfer takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing.
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual payment processing.
10) Use of rating and seal of approval graphics
We use the Provenexpert seal on our website, a widget from Expert Systems AG, Quedlinburger Straße 1, 10589 Berlin (“Provenexpert”). When you visit our website, Provenexpert servers load dynamic content (current rating of the store, certificate, etc.) into the widget. In the process, information about the website you visited previously, the date and time of the request, the amount of data transferred, the browser type used, the operating system you are using and the requesting provider (referrer data) may be transmitted to Provenexpert’s servers. Insofar as this also includes personal data, the processing is based on our overriding legitimate interest in optimizing our offer in accordance with Art. 6 (1) f DSGVO.
For more information on data protection at Provenexpert, please visit: https://www.provenexpert.com/de-de/datenschutzbestimmungen/
11) Use of social media: videos
Use of Youtube videos
This website uses the Youtube embedding function to display and play videos of the provider “Youtube”, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).
Regardless of a playback of the embedded videos, a connection to the Google network is established each time this website is called up, which may trigger further data processing operations without our influence.
As far as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 (1) lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, you deactivate this service in the “Cookie Consent Tool” provided on the website.
12) Tools and other
Cookie consent tool based on Usercentrics technology
This website uses a cookie consent tool with technology from Usercentrics GmbH, Rosental 4, 80331 Munich, Germany (hereinafter “Usercentrics”) to obtain effective user consent for cookies and cookie-based applications requiring consent.
In order for the cookie consent tool to be able to clearly assign page views to individual users and to individually record, log and store the consent settings made by the user for a session duration, certain user information (including the IP address) is collected when our website is called up by the cookie consent tool, transmitted to servers of Usercentrics and stored there.
This data processing is carried out pursuant to Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in a legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.
Further legal basis for the described data processing is furthermore Art. 6 para. 1 lit. c DSGVO. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
We have concluded an order processing agreement with Usercentrics, with which we oblige Usercentrics to protect the data of visitors to our website and not to pass it on to third parties.
13) Rights of the data subject
13.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) against the controller with regard to the processing of your personal data, which we inform you about below:
- Right to information pursuant to Art. 15 DSGVO: In particular, you have the right to obtain information about the personal data we process, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, to object to processing, to lodge a complaint with a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making, including profiling, and, where applicable, meaningful information about the logic involved and the implications for you and the intended effects of such processing, as well as your right to be informed about the safeguards pursuant to Art. 46 of the GDPR in case of onward transfer of your data to third countries;
- Right to rectification pursuant to Art. 16 DSGVO: You have the right to have any inaccurate data concerning you corrected without delay and/or to have any incomplete data stored by us completed;
- Right to erasure pursuant to Art. 17 DSGVO: You have the right to request the deletion of your personal data if the requirements of Art. 17 (1) DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
- Right to restriction of processing pursuant to Art. 18 DSGVO: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being verified; if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data; if you require your data for the assertion, exercise or defense of legal claims after we no longer need this data after the purpose has been achieved; or if you have lodged an objection for reasons relating to your particular situation, as long as it has not yet been determined whether our legitimate grounds prevail;
- Right to information pursuant to Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability pursuant to Art. 20 DSGVO: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;
- Right to revoke consent given in accordance with Art. 7(3) DSGVO: You have the right to revoke consent to the processing of data, once given, at any time with effect for the future. In the event of revocation, we will immediately delete the data concerned, unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data concerning you infringes the GDPR, you have – without prejudice to any other administrative or judicial remedy – the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement.
13.2 RIGHT OF WITHDRAWAL
IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.
14) Duration of the storage of personal data
The duration of the storage of personal data is determined on the basis of the respective legal basis, the purpose of processing and – if relevant – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of explicit consent pursuant to Art. 6 (1) a DSGVO, this data is stored until the data subject revokes his or her consent.
If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) DSGVO, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for the fulfillment of the contract or the initiation of the contract and/or there is no legitimate interest on our part in continuing to store it.
When processing personal data on the basis of Art. 6(1)(f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing on the basis of Article 6 (1) (f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Article 21 (2) DSGVO.
Unless otherwise stated in the other information in this statement about specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.