The O’Reillys and the Paddyhats GbR
South Street 7
Phone Number: 0176/31174922
E-mail address: firstname.lastname@example.org
Types of data processed
– Inventory data (e.g., personal master data, names or addresses).<Bro>
– Contact details (e.g., e-mail, phone numbers).<Bro>
– Content data (e.g., text input, photographs, videos).<Bro>
– Usage data (e.g., websites visited, interest in content, access times).<Bro>
– Meta/communication data (e.g., device information, IP addresses).
Categories of affected persons
Visitors and users of the online offer (in the following we also refer to the data subjects as “users”).
Purpose of processing
– Make available the online offer, its functions and contents.
– Responding to contact requests and communicating with users.
– Security measures.
– Range measurement/marketing
“Personal Data” means any information relating to an identified or identifiable natural person (‘the data subject’); Identifiable is a natural person who can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more specific characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
“Processing” means any operation or series of operations carried out with or without the help of automated procedures in connection with personal data. The term goes far and covers virtually every use of data.
‘pseudonymisation’ means the processing of personal data in such a way that the personal data can no longer be assigned 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 assigned to an identified or identifiable natural person.
‘profiling’ means any form of automated processing of personal data, which consists in the use of such personal data to assess certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of that natural person.
‘Responsible person’ means the natural or legal person, authority, body or other body which decides, alone or jointly with others, on the purposes and means of the processing of personal data.
‘processor’ means a natural or legal person, authority, body or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Article 13 GDPR, we shall inform you of the legal bases of our data processing operations. For users within the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the EEC, unless the legal basis is specified in the data protection declaration, the following < applies:>
The legal basis for obtaining consent sits is Article 6(3). 1 lit. a and Article 7 GDPR;
The legal basis for processing for the performance of our services and the implementation of contractual measures as well as answering inquiries is Art. 1 lit. b GDPR;
The legal basis for processing in order to fulfil our legal obligations is Art. 1 lit. c GDPR;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6(p) of the data is used. 1 lit. d GDPR as the legal basis.
The legal basis for the processing necessary to carry out a task which is in the public interest or in the exercise of official authority delegated to the controller is Article 6(3). 1 lit. e GDPR
The legal basis for processing in order to safeguard our legitimate interests is Art. 1 lit. f GDPR.
The processing of data for purposes other than those for which it was collected is determined in accordance with the provisions of Article 6(p) of the European Data Protection Council. 4 GDPR.
The processing of special categories of data (in accordance with Article 9(1) GDPR) is determined in accordance with the requirements of Article 9(1) of the GDPR. 2 GDPR.
We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, the scope, the circumstances and the purposes of the processing, as well as the different probability and severity of the risk to the rights and freedoms of natural persons.
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, security of availability and separation. In addition, we have established procedures that ensure the exercise of data subjects’ rights, deletion of data and response to compromise of the data. Furthermore, we take into account the protection of personal data already during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technical design and through data protection-friendly presets.
Cooperation with processors, joint managers and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors, joint controllers or third parties), transmit them to them or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g. if the transfer of the data to third parties, as to payment service providers, is required for the fulfilment of the contract), users have consented to this, or on the basis of our legitimate interests (e.g. , web hosts, etc.).
If we disclose, transmit or otherwise grant access to other companies in our group of companies, this is done, in particular for administrative purposes, as a legitimate interest and in addition on a basis corresponding to the legal 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 we process it in the context of the use of third-party services or disclosure or transfer of data to other persons or companies, this will only be done if it is done in order to fulfil our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to express consent or contractually required transmission, we will only process or have the data processed in third countries with a recognised level of data protection, which include the US processors certified under the “Privacy Shield” or on the basis of special guarantees, such as contractual obligations through so-called standard safeguard clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (art. 44 to 49 GDPR, information page of the EU Commission
Rights of data subjects
You have the right to request confirmation as to whether the data in question is being processed and for information about this data as well as for further information and copy of the data in accordance with the legal requirements.
They have accordingly. the right to request the completion of the data concerning you or the correction of the inaccurate data concerning you.
In accordance with the statutory requirements, you have the right to demand that the data in question be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with the statutory requirements.
You have the right to request that the data concerning you, which you have provided to us, be received in accordance with the statutory requirements and request their transmission to other controllers.
They also have the right to lodge a complaint with the competent supervisory authority in accordance with the legal requirements.
You have the right to revoke consents given with effect for the future.
Right to object
You can object at any time to the future processing of the data concerning you in accordance with the statutory requirements. The opposition may be made in particular against the processing for direct marketing purposes.
Cookies and right of objection in the case of direct marketing
“Cookies” means small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his 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 their browser. In such a cookie, for example, the contents of a shopping cart can be stored in an online shop or a login status. Cookies are called “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved if the users visit them after several days. Similarly, such a cookie may store the interests of users who are used for range measurement or marketing purposes. “Third-party cookie” means cookies that are offered by providers other than the person responsible for the online offer (otherwise, if it is only its cookies, it is called “first-party cookies”).
We may use temporary and permanent cookies and clarify this within the scope 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. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies may lead to functional limitations of this online offer.
Deletion of data
The data processed by us will be deleted or restricted in their processing in accordance with the legal requirements. Unless expressly stated in the context of this data protection declaration, the data stored by us will be deleted as soon as they are no longer necessary for their purpose and the deletion is not precluded by legal retention obligations.
Unless the data is deleted because it is necessary 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 retained for commercial or tax reasons.
In addition, we process
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history)
by our customers, interested parties and business partners for the provision of contractual services, service and customer care, marketing, advertising and market research.
Order processing in the online shop and customer account
We process the data of our customers in the course of the ordering processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
The data processed includes inventory data, communication data, contract data, payment data and data on data affected by the processing include our customers, prospective customers and other business partners. The processing is carried out for the purpose of the provision of contractual services within the framework of the operation of an online shop, billing, delivery and customer service. We use session cookies for the storage of the shopping cart content and permanent cookies for the storage of the login status.
The processing takes place for the fulfilment of our services and the implementation of contractual measures (e.g. execution of order operations) and insofar as it is required by law (e.g., legally required archiving of business transactions for trade and tax purposes). The information identified as necessary is required for the establishment and performance of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permits and obligations, as well as if this is done on the basis of our legitimate interests, about which we inform you within the framework of this data protection declaration (e.g., to legal and tax advisors, financial institutions, freight companies and authorities).
Users can optionally create a user account by viewing their orders in particular. As part of the registration process, the required information will be 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 is necessary for commercial or tax reasons. Information in the customer’s account remains until it is deleted and subsequently archived in the event of a legal obligation or our legitimate interests (e.g., in the case of litigation). It is the responsibility of the users to secure their data before the end of the contract if they are terminated.
As part of the registration and re-registration 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 user’s protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties, unless it is necessary to pursue our legal claims as a legitimate interest or there is a legal obligation to do so.
The deletion takes place after the expiry of statutory warranty and other contractual rights or obligations (e.g., payment entitlements or performance obligations from contracts with customers), whereby the necessity of the retention of the data is checked every three years; in the case of retention due to legal archiving obligations, the deletion takes place in this respect after their expiry.
External payment service providers
In the context of the fulfilment of contracts, we set the payment service providers on the basis of Article 6 paragraph. 1 lit. b. GDPR. In addition, we rely on external payment service providers on the basis of our legitimate interests in accordance with the Art. 6 Abs. 1 lit. GDPR to provide our users with an effective and secure payment option.
Data processed by payment service providers includes inventory data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, totals, and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information of the payment.The data may be transmitted by payment service providers to business information agencies. The purpose of this transmission is to verify identity and creditworthiness. For this purpose, we refer to the terms and conditions and data protection notices of the payment service providers.
The terms and conditions and the data protection notices of the respective payment service providers apply to the payment transactions, which are available within the respective websites or transaction applications. We also refer to these for further information and the assertion of rights of revocation, information and other data subjects.
Administration, Financial Accounting, Office Organization, Contact Management
We process data in the context of administrative tasks as well as the organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of the provision of our contractual services. The basis for processing is Art. 1 lit. c. GDPR, Art. 1 lit. f. GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and the provision of our services. The erasure of the data with regard to contractual services and contractual communication corresponds to the information referred to in these processing activities.
We disclose or transmit data to the tax administration, consultants, such as tax advisors or auditors, as well as other fee agencies and payment service providers.
Furthermore, on the basis of our business interests, we store information about suppliers, organizers and other business partners, e.g. for the purpose of contacting us later. We store this majority company-related data permanently.
Users can create a user account. In the context of registration, the required information will be communicated to the users and, on the basis of Article 6(). 1 lit. b GDPR for the purpose of providing the user account. The data processed includes in particular the login information (name, password and an e-mail address). The data entered during registration will be used for the purpose of using the user account and its purpose.
Users can be informed by e-mail about information that is relevant to their user account, such as technical changes. If users have terminated their user account, their data will be deleted with regard to the user account, subject to a legal retention obligation. It is the responsibility of the users to secure their data before the end of the contract if they are terminated. We are entitled to permanently delete all data of the user stored during the term of the contract.
As part of the use of our registration and registration functions as well as the use of the user account, 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 user’s protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with this law. Art. 6 Abs. 1 lit. c. GDPR. The IP addresses will be anonymized or deleted no later than 7 days.
Comments and posts
When users leave comments or other posts, their IP addresses may be sent on the basis of our legitimate interests within the meaning of Article 6(3). 1 lit. GDPR for 7 days. This is done for our safety if someone leaves illegal content in comments and posts (insults, forbidden political propaganda, etc.). In this case, we ourselves can be prosecuted for commentor or post and are therefore interested in the identity of the author.
Furthermore, we reserve the right, on the basis of our legitimate interests in accordance with the Art. 6 Abs. 1 lit. f. GDPR, to process the information provided by users for spam detection purposes.
The information provided in the context of the comments and contributions about the person, any contact and website information as well as the content information will be stored permanently by us until the user objects.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details for processing the contact request and its processing in accordance with Art. b. (in the context of contractual/pre-contractual relations), Art. f. (other requests) GDPR. Users’ information can be stored in a customer relationship management system (“CRM system”) or similar request organization.
We will delete the requests if they are no longer required. We review the necessity every two years; In addition, the statutory archiving obligations apply.
With the following information we inform you about the contents of our newsletter as well as the registration, shipping and statistical evaluation procedure as well as your rights of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “Newsletter”) only with the consent of the recipients or a legal permission. If the contents of the newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. For the rest, our newsletters contain information about our services and us.
Double opt-in and logging: The registration for our newsletter takes place in a so-called double opt-in procedure. I.e. You will receive an e-mail after registration asking you to confirm your registration. This confirmation is necessary so that no one can log in with foreign e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes storing the login and confirmation time, as well as the IP address. The changes to your data stored by the shipping service provider will also be logged.
Registration details: To register for the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to include a name in the newsletter for personal address.
The sending of the newsletter and the success measurement associated with it are based on the consent of the recipients in accordance with the Art. 6 Abs. 1 lit. a, Art. 7 GDPR i.V.m. Section 7 para. 2 No. 3 UWG or if consent is not required, based on our legitimate interests in direct marketing in accordance with Art. 6 Abs. 1 according to GDPR i.V.m. Section 7 para. 3 UWG.
The registration procedure is logged on the basis of our legitimate interests in accordance with the Art. 6 Abs. 1 lit. f GDPR. Our interest is focused on the use of a user-friendly and secure newsletter system that serves our business interests as well as meets the expectations of our users and also allows us to prove consent.
Cancellation/revocation – You can cancel the receipt of our newsletter at any time, i.e. revokeyourd your consents. A link to cancel the newsletter can be found at the end of each newsletter. We may store the e-mail addresses that have been sent out for up to three years on the basis of our legitimate interests before deleting them 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 of claims. An individual request for cancellation is possible at any time, provided that the former existence of a consent is confirmed at the same time.
Newsletter – Mailchimp
The newsletters are sent by mail service provider “MailChimp”, a newsletter shipping platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The data protection regulations of the shipping service provider can be viewed here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thereby provides a guarantee to comply with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAGstatus=Active). The shipping service provider is based on our legitimate interests in accordance with the Art. 6 Abs. 1 lit. gdpR and an order processing contract in accordance with Article 28(2) 3 p. 1 GDPR.
The shipping service provider may use the data of the recipients in pseudonymous form, i.e. without being assigned to a user, for the optimization or improvement of its own services, e.g. for the technical optimization of the shipping and presentation of the newsletters or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write them down themselves or to pass on the data to third parties.
Newsletter – Measuring Success
The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file, which is retrieved from our server when opening the newsletter from our server, or if we use a shipping service provider, from its 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 collected first.
This information is used to improve the technical requirements of the Services on the basis of the technical data or the target groups and their reading behaviour on the basis of the polling locations (which can be determined by means of the IP address) or the access times. 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 intention, 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.
A separate revocation of the success measurement is unfortunately not possible, in this case the entire newsletter subscription must be cancelled.
Hosting and e-mailing
The hosting services we use are intended to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, e-mail, security and technical maintenance services that we use for the purpose of operating this online offer.
In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer. Art. 6 Abs. 1 lit. f GDPR in the i.V.m. Art. 28 GDPR (conclusion of order processing contract).
Collection of access data and log files
We, or our hosting provider, collect on the basis of our legitimate interests within the meaning of Art. 1 lit. f. GDPR data about each access to the server on which this service is located (so-called server logfiles). The access data includes the name of the retrieved website, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Logfile information is stored for security reasons (e.g. to investigate abuse or fraud) for a maximum period of 7 days and then deleted. Data, the further retention of which is necessary for the purpose of proof, is excluded from deletion until the relevant incident is finally clarified.
Online social media presences
We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services there.
We would like to point out that users’ data can be processed outside the European Union. This can create risks for users, as this could, for example, make it more difficult to enforce users’ rights. With regard to US providers certified under the Privacy Shield, we would like to point out that they are committed to complying with EU data protection standards.
Furthermore, users’ data are usually processed for market research and advertising purposes. For example, user profiles can be created from the usage behaviour and the resulting interests of the users. The user profiles can in turn be used to display advertisements inside and outside the platforms, for example, which presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the user’s usage behaviour and the interests of the users are stored. Furthermore, data may also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of the personal data of the users takes place on the basis of our legitimate interests in effective information of the users and communication with the users in accordance with Art. 6 sec. 1 lit. f. GDPR. If the users are asked by the respective providers of the platforms for consent to the aforementioned data processing, the legal basis of the processing is Art. a., Art. 7 GDPR.
For a detailed presentation of the respective processing operations and the opt-out, we refer to the following linked information of the providers.
Even in the case of requests for information and the assertion of user rights, we would like to point out that these can be asserted most effectively by the providers. Only the providers have access to the data of the users and can take direct action and provide information. If you still need help, you can contact us.
Integration of third-party services and content
Within our online offer, we use third-party content or service offerings based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 sec. 1 lit. f. GDPR) content or service offerings from third parties in order to integrate their contents and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third parties to this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those content whose respective providers use the IP address only for the delivery of the content. Third parties 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 include, among other things, technical information about the browser and operating system, referring websites, visiting time and other information on the use of our online offer, as well as being linked to such information from other sources.
Using Facebook Social Plugins
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 sec. 1 lit. f. GDPR) we use social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Facebook. The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/
Facebook is certified under the Privacy Shield Agreement and thereby provides a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAACstatus=Active).
When a user calls up a feature of this online offer that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated by the user into the online offer. User profiles of the users can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore informs the users according to our state of knowledge.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example by pressing the Like button or making a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and store his IP address. According to Facebook, only an anonymized IP address is stored in Germany.
If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his/her member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and contradictions to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.