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 referred to collectively as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer you to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
purematic, Michael Post, Hermannstraße 45, 32756 Detmold
types of data processed:
– Inventory data (for example, names, addresses).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Categories of affected persons
Visitors and users of the online offer (in the following we will refer to the persons concerned collectively as “users”).
Purpose of the processing
– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Security measures.
– Range measurement/Marketing
“personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier (e.g. a cookie) or to one or more specific characteristics which express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, is regarded as identifiable.
“processing” means any operation carried out with or without the aid of automated processes, or set of operations, involving personal data. The term is broad and covers practically every handling of data.
“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
“Profiling” means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.
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 any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Applicable legal basis
In accordance with Art. 13 GDPR we inform you about the legal basis of 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 in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR. Art. 6 para. 1 lit. d GDPR serves as a legal basis in the event that vital interests of the data subject or another natural person necessitate the processing of personal data.
In accordance with Art. 32 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 implementation costs and the type, extent, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons.
These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data as well as access to, inputting, forwarding, securing and separating the data. In addition, we have established procedures to ensure the exercise of data subjects’ rights, deletion of data and reaction to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
Cooperation with processors and third parties
Insofar as we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 Para. 1 lit. b GDPR is necessary for the performance of the contract), if you have consented to this, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.
Transmissions 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 in the context of the use of third party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, 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. of the German Data Protection Act are met. GDPR process. I.e. the processing takes place e.g. on the basis of special guarantees, like the officially recognized statement of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or observance of officially recognized special contractual obligations (so-called “standard contract clauses”).
rights of the data subjects
You have the right to request confirmation as to whether the data in question will be processed and to obtain information about this data and further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Pursuant to Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
Pursuant to Art. 17 GDPR, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand a restriction on the processing of the data pursuant to Art. 18 GDPR.
You have the right to demand that the data concerning you which you have provided to us be received in accordance with Art. 20 GDPR and that it be transferred to other responsible parties.
Pursuant to Art. 77 GDPR, they also have the right to file a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke consents granted pursuant to Art. 7 para. 3 GDPR with effect for the future.
Right of objection
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 GDPR. The objection can be made in particular against the processing for purposes of direct marketing.
Cookies and right of objection for direct mail
Cookies” are small files that are stored on the user’s computer. Different data 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 the user’s visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. Third party cookies” are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only the latter’s cookies, they are referred to as “first party cookies”).
We may use temporary and permanent cookies and explain this in the context of our data protection declaration.
If users do not wish 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 your browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Deletion of data
The data processed by us will be deleted in accordance with Art. 17 and 18 GDPR or their processing will be restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their 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 stored for commercial or tax reasons.
According to legal requirements in Germany, data is stored for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (German Commercial Code) (books, records, management reports, accounting records, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (German Commercial Code) (commercial letters).
According to legal requirements in Austria, the storage is carried out in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Business related processing
Additionally we process
– Contract data (for example, contract object, term, customer category).
– Payment data (e.g., bank details, payment history)
by our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
We process our customers’ data within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services.
We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., within the scope of evaluating and measuring the success of marketing measures). We do not process any special categories of personal data, unless these are components of a commissioned processing. The affected parties include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of the processing consists in the provision of contractual services, billing and our customer service. The legal basis for the processing results from Art. 6 Para. 1 lit. b GDPR (contractual services), Art. 6 Para. 1 lit. f GDPR (analysis, statistics, optimisation, security measures). We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties shall only take place if it is necessary within the framework of an order. When processing the data provided to us within the framework of an order, we shall act in accordance with the instructions of the customer and the statutory requirements for order processing pursuant to Art. 28 GDPR and shall not process the data for purposes other than those specified in the order.
We delete the data after expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (6 years, in accordance with § 257 para. 1 HGB, 10 years, in accordance with § 147 para. 1 AO). In the case of data which has been disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, in principle after the end of the order.
Business analyses and market research
In order to run our business economically, to recognize market trends, wishes of our contractual partners and users, we analyse the data available to us regarding business transactions, contracts, enquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. of the German Data Protection Act (GDPR). GDPR, whereby the persons concerned include contractual partners, interested parties, customers, visitors and users of our online services.
The analyses are carried out for the purpose of economic evaluations, marketing and market research. We can consider the profiles of the registered users with information, e.g. about their used services. The analyses serve us to increase the user friendliness, the optimization of our offer and the business economy. The analyses serve us alone and are not disclosed externally unless they are anonymous analyses with summarized values.
If these analyses or profiles are person-related, they will be deleted or anonymised upon termination by the user, otherwise after two years from the conclusion of the contract. For the rest, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
The follow-up comments can be subscribed to by users with their consent in accordance with Art. 6 Para. 1 lit. a GDPR. Users receive a confirmation email to check whether they are the owner of the email address entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information on the cancellation options. For the purposes of proving the users’ consent, we save the registration time and the IP address of the users and delete this information when users unsubscribe from the subscription.
You can cancel the receipt of our subscription at any time, i.e. revoke your consent. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to provide evidence of a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details are processed for the purpose of processing the contact enquiry and processing it in accordance with Art. 6 Para. 1 lit. b) GDPR. User data can be stored in a customer relationship management system (“CRM system”) or comparable inquiry organisation.
We delete the requests if they are no longer necessary. We check the necessity every two years; furthermore, the legal archiving obligations apply.
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you declare that you agree to receive it and to 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 recipient or a legal permission. If the contents of the newsletter are specifically described within the scope of registration, they are decisive for the consent of the user. In addition, our newsletters contain information about our services and us.
Double-Opt-In and logging: The registration to our newsletter takes place in a so-called Double-Opt-In procedure. I.e. after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with external 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 the storage of the registration and confirmation time, as well as the IP address. Likewise the changes of your data stored with the dispatch service provider are logged.
Registration data: To subscribe to the newsletter, it is sufficient for you to enter your e-mail address. Optionally, we ask you to enter a name in the newsletter for the purpose of addressing you personally.
The dispatch of the newsletter and the performance measurement associated with it are based on the consent of the recipients in accordance with Art. 6 Para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 Para. 2 No. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lt. f. GDPR in connection with § 7 Abs. 3 UWG.
The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 Para. 1 lit. f GDPR. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users and furthermore allows us to provide evidence of consent.
Cancellation/revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
Newsletter – Performance measurement
The newsletters contain a so-called “web-beacon”, i.e. a file the size of a pixel, which is retrieved from our server when the newsletter is opened, or from the server of a dispatch service provider if we use one. In the course 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 first collected.
This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval points (which can be determined with the help of the IP address) or access times. Statistical surveys also include determining whether 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. It is, however, neither our endeavour nor, if used, that of the mail-order service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.
A separate revocation of the performance measurement is unfortunately not possible, in which case the entire newsletter subscription must be cancelled.
Hosting and e-mail dispatch
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online service.
Here 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 to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a contract for the processing of orders). Art. 28 GDPR (conclusion of an order processing contract).
Collection of access data and log files
We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. of the German Data Protection Act (GDPR). GDPR data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, data volume 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.
Log file information is stored for security reasons (e.g. to clarify abuse or fraud actions) for a maximum period of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.
Range measurement with Matomo
Within the scope of Matomo’s range analysis, the following data are processed on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Data Protection Act): the browser type and browser version used by you, the browser version, the operating system used by you, the GDPR browser version. GDPR) processes the following data: the type and version of browser you use, the operating system you use, your country of origin, the date and time of the server request, the number of visits, your length of stay on the website and the external links you click on. The user’s IP address is anonymised before it is stored.
Users can object to the anonymous data collection by the Matomo program at any time with effect for the future by clicking on the link below. In this case, a so-called opt-out cookie is stored in your browser, which means that Matomo no longer collects any session data. If users delete their cookies, however, this also means that the opt-out cookie is deleted and must therefore be reactivated by the users.
The logs containing the user data are deleted after 6 months at the latest.
Unless otherwise stated in our data protection declaration, we process the data of users who communicate with us within the social networks and platforms, e.g. post articles on our online presence or send us messages.
Integration of third party services and content
Within our online offer, we use content or service offers of third parties on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the GDPR). GDPR) content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to 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 contents whose respective providers only use the IP address to deliver the contents. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring web pages, visit times and other information about the use of our online services, as well as may be linked to such information from other sources.
Use of Facebook Social Plugins
We use social plug-ins (“plug-ins”) of the social network facebook.com, which is operated by Facebook Ireland Ireland, on the basis of our legitimate interests (i.e. our interest in the analysis, optimisation and economic operation of our online services within the meaning of Art. 6 Para. 1 lit. f. of the GDPR). GDPR) 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”). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “like”, “like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. 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 of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls a function of this online service that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to the user’s device and integrated into the online offering by the user. User profiles 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 inform the user according to our state of knowledge.
By integrating the plugins, Facebook receives the information that a user has called up 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 plug-ins, for example, by clicking the Like button or posting a comment, the corresponding information is transferred directly from your device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook can find out his IP address and save it. According to Facebook, only an anonymous IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and setting options to protect the privacy of users, can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect information about him or her via this online service and link it to his or her member data stored on Facebook, he or she must log out of Facebook and delete his or her cookies before using our online service. Further settings and objections 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 American page 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.
Within our online offer, functions and contents of the platform Google+, offered by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”), can be integrated. This may include, for example, content such as images, videos or texts and buttons with which users can express their favor regarding the content, the authors of the content or subscribe to our contributions. If the users are members of the platform Google+, Google can assign the call of the above-mentioned contents and functions to the profiles of the users there.
We use the marketing tool Mautic (Open Source) on our website and for sending e-mails, which is operated by purematic on our servers in Germany. With the help of this software, we record the surfing behaviour of our visitors. The software sets cookies on your computer. If individual pages of our website or e-mails are called up, the following data are stored:
– the IP address of the visitor’s calling system (anonymized)
– Browser type/version, browser language, browser window resolution, screen resolution and browser loading speed
– the input method (e.g. touch screen)
– the device you are using (desktop, tablet, mobile phone)
– the referrer URL (the previously visited page),
– the type of access (direct access or external / paid access)
– the time and date of your access
– the operating system used
– the Internet provider used
– demographic: your age, sex
– geographical: Your location
– Your downloads (filenames)
– Your Likes and Clicks
– Your behaviour: new visitor/recurring visitor, session duration incl. date of leaving our site, page depth, page views, bounce rate, pages/session, date, search terms via site search, visited page.
– the access User Agent (browser of the Mautic user)
– Your chat history (as far as offered and used)
– the redirect URL (pages to which you will be redirected) with page title
– the access code
In order to comply with the GDPR, your IP address is anonymised in the user profile and in the associated database. In particular, Mautic is set so that the IP addresses are not stored completely, but 1 byte of the IP address is set to 0 (e.g. 126.96.36.199). In this way it is no longer possible to assign the shortened IP address to the calling computer.
The data will not be transmitted to third parties at any time. You can object to the data processing regarding tracking at any time and withdraw any advertising opt-in that may have been issued at any time. To object to tracking, activate the “Do not Track” function in your web browser. To object to the advertising opt-in, you can use the “Unsubscribe” link contained in every message or send us an informal message in text form.
The processing of users’ personal data enables us to analyse the surfing behaviour of our users. By evaluating the data collected, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness. By anonymizing the IP address, the interest of visitors in the protection of their personal data is sufficiently taken into account.
In these purposes also our legitimate interest lies in the processing of the data according to art. 6 para. 1 lit. f GDPR.