Data protection

1. Data protection at a glance

General information

The following notes provide a simple overview of what is done with your personal data what happens when you visit this website. Personal data is all data with which you can be personally identified. To find detailed information on the subject of data protection please see our data protection declaration listed under this text.

Data collection on this website

Who is responsible for data collection on this website?

The data processing on this website is carried out by the website operator. Its contact details can be found in the section "Notice on the responsible body" in this data protection declaration.

How do we collect your data?

On the one hand, your data is collected when you communicate it to us. This can be for example data that you enter in a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. Internet browser, operating system or time of the page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure that the website is provided without errors. Other Data can be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right to receive information about the origin, recipient and purpose of your data free of charge at any time to obtain stored personal data. You also have the right to have the rectification or to request the deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. Also, you have the right to request the restriction of the processing of your personal data in certain circumstances. You also have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time if you have any further questions on the subject of data protection.

2. Hosting

We host the content of our website with the following provider:

External hosting by NameSilo, LLC

This website is hosted externally. The personal data collected on this website are stored on the servers of the hoster / hosters. This can be for example IP addresses, Contact requests, meta and communication data, contract data, contact details, names, website access and other data generated via a website.

The external hosting takes place for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 Para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient Provision of our online offer by a professional provider (Art. 6 Para. 1 lit. f GDPR). If a corresponding consent was requested, the processing takes place exclusively based on Art. 6 Para. 1 lit. a DSGVO and § 25 Para. 1 TTDSG, insofar as the consent to the storage of cookies or access to information in the end device of the user (e.g. device fingerprinting) including the meaning of the TTDSG. The consent can be revoked at any time.

Our host(s) will only process your data to the extent necessary to fulfill their performance obligations and follow our instructions in relation to this data.

3. General information and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat yours personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various personal data will be collected. Personal data is data with which you can be personally identified. The present Privacy Policy explains what data we collect and what we use it for. It also explains how and for what purpose.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) may have security vulnerabilities. A complete protection of the data against access by third parties is not possible possible.

Note on the responsible body

Responsible body is the natural or legal person who alone or together with others over the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.) decides.

The responsible body for data processing on this website is:

Elmo Vermaaten

Gassenhäuser 31

97877 Wertheim

Email: v.e.commark(at)gmail.com

Storage duration

Insofar as no specific storage period has been specified within this data protection declaration, your personal data remains with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or revoke consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your data or have personal data (e.g. tax or commercial law retention periods). In the latter case, the data will be deleted once these reasons have ceased to exist.

General information on the legal basis for data processing on this website

If you have consented to data processing, we will process your personal data based on Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR, insofar as special data categories processed according to Art. 9 Para. 1 GDPR. In the case of express consent to the transfer personal data in third countries is also processed on the basis of Art. 49 paragraph 1 lit. a GDPR. If you consent to the storage of cookies or access to information in your end device (e.g. via device fingerprinting) the data will also be processed on the basis of Section 25 (1) TTDSG. The consent can be revoked at any time.

We process your data if it is necessary to fulfill the contract or to carry out pre-contractual measures on the basis of Article 6 Paragraph 1 Letter b GDPR. Furthermore, we process your data if these are required to fulfill a legal obligation on the basis of Article 6 (1) (c) GDPR. The data processing can also be based on our legitimate interest according to Art. 6 Para. 1 lit. f GDPR. The legal bases relevant in each individual case are explained in the following paragraphs of this data protection declaration.

Note on data transfer to the USA and other third countries

We use tools from companies based in the USA or other third countries that are not secure under data protection law. When these tools are active, your personal data are transferred to these third countries and processed there. We point it out that in these countries no level of data protection comparable to that of the EU can be guaranteed. For example, US companies are obliged to provide personal data to security authorities to be released without you, as the person concerned, being able to take legal action against it. Therefore it cannot be excluded that US authorities (e.g. intelligence services) process your data located on US servers, evaluate and permanently store it for monitoring purposes. On this Processing activities we have no influence.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent already given at any time. The legality of the up to the point of revocation Data processing remains unaffected by the revocation.

Right to object to data collection in special cases and to direct marketing (Art. 21 DSGVO)

IF THE DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 ABS. 1 LIT. E OR F DSGVO, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS (OBJECTION UNDER ARTICLE 21 (1) DSGVO).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS CONNECTED WITH SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ARTICLE 21 (2) DSGVO).

Right of appeal to the competent supervisory authority

In the event of violations of the GDPR, those affected have the right to lodge a complaint with a Supervisory authority, in particular in the Member State of your habitual residence, your place of work or the location of the alleged infringement. The right to lodge a complaint exists without prejudice to anything else administrative or judicial remedies.

Right to data portability

You have the right to data that we hold on the basis of your consent or in performance of a contract process automatically, in itself or to a third party in a common, machine-readable format to be handed over. If you want the data to be transferred directly to another person responsible, this will only be done to the extent that it is technically feasible.

Information, correction and deletion

Within the framework of the applicable legal provisions, you have the right to request free of charge at any time. Information about your stored personal data, its origin and recipient and the purpose of the data processing and, if applicable, a right to correction or deletion of this data. For this as well you can contact us at any time if you have further questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data.

You can contact us at any time for this. The right to restriction of processing exists in

following cases:

- If you dispute the accuracy of your personal data stored by us, we need

usually time to check this. For the duration of the exam, you have the right to

Request restriction of processing of your personal data.

- If the processing of your personal data happened/is happening unlawfully, you can

request the restriction of data processing instead of deletion.

- When we no longer need your personal information but you need it to exercise,

defense or establishment of legal claims, you have the right instead of

Deletion to request the restriction of the processing of your personal data.

- If you have lodged an objection in accordance with Art. 21 Para. 1 GDPR, a balance must

be struck between your and our interests. As long as it is not clear whose interests

prevail, you have the right to restrict the processing of your personal data to demand.

If you have restricted the processing of your personal data, this data may - apart from their storage - only with your consent or for the assertion, exercise or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State be processed.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator uses an SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser "http://" changes to "https://" and the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

Objecting to Promotional Emails

The use of contact data published as part of the imprint obligation for the transmission of Advertising and information material that has not been expressly requested is hereby rejected. The Operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of Advertising information, such as spam emails.

4. Data collection on this website

Cookies

Our website uses so-called "cookies". Cookies are small data packets and set up no damage to your end device. They will either be temporary for the duration of one session (session cookies) or permanently (permanent cookies) stored on your end device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain on your end device saved until you delete them yourself or until your web browser automatically deletes them.

Cookies can come from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services Third-party companies within websites (e.g. cookies for processing payment services).

Cookies have different functions. Numerous cookies are technically necessary because certain Website functions would not work without them (e.g. the shopping cart function). Other cookies can be used to evaluate user behavior or for advertising purposes.

Cookies, to carry out the electronic communication process, to provide certain functions you want (e.g. for the shopping cart function) or to optimize the Website (e.g. web audience measurement cookies) are required (necessary cookies) and are set on stored on the basis of Art. 6 (1) lit. f GDPR, unless another legal basis is specified.

The website operator has a legitimate interest in the storage of necessary cookies technically error-free and optimized provision of its services. If consent to Storage of cookies and comparable recognition technologies has been queried, the Processing takes place exclusively on the basis of this consent (Art. 6 Para. 1 lit. a DSGVO and § 25 Para. 1 TTDSG). The consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when the browser is closed. Disabling cookies may limit the functionality of this website.

You can find out which cookies and services are used on this website.

See this privacy policy.

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us.

These are:

- Browser type and browser version

- Operating system used

- Referrer URL

- Host name of the accessing computer

- Time of server request

- IP address

This data is not merged with other data sources.

This data is collected on the basis of Article 6 (1) (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of its website - the server log files must be recorded for this purpose.

Contact form

If you send us inquiries via the contact form, your details will be taken from the Inquiry form including the contact details you provided there for the purpose of processing the inquiry and stored by us in case of follow-up questions. We do not give this data without yours consent further.

The processing of this data takes place on the basis of Art. 6 Para. 1 lit. b DSGVO, provided that your request is related to the fulfillment of a contract or to carry out pre-contractual measures as required. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 Para. 1 lit. f DSGVO) or on your Consent (Art. 6 Para. 1 lit. a GDPR) if this was requested. Consent is at any time revocable.

The data you enter in the contact form will remain with us until you tell us to delete it, you revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular retention periods - remain unaffected.

Inquiry by e-mail

If you contact us by e-mail, your request will include all of it resulting personal data (name, request) for the purpose of processing your request, it will only be stored and processed by us. We do not pass on this data without your consent.

The data you sent to us via contact requests will remain with us until you tell us to delete them, you revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular statutory retention periods - remain unaffected.

5. Social Media

Instagram

Functions of the Instagram service are integrated on this website. These functions will be offered by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

If the social media element is active, a direct connection is established between your end device and the Instagram server. Instagram thereby receives information about the visit to this website through you.

If you are logged into your Instagram account, you can click on the Instagram button to link the content of this website to your Instagram profile. This allows Instagram to stop visiting the assigned website to your user account. We would like to point out that we, as the provider of this page, do not obtain knowledge of the content, the transmitted data and how it is used by Instagram.

Insofar as consent has been obtained, the above-mentioned service are based on Article 6 paragraph 1 lit. a GDPR and Article 25 TTDSG. The consent can be revoked at any time. As far as none Consent has been obtained, the use of the service is based on our legitimate Interested in the widest possible visibility in social media.

Insofar as personal data is collected and sent to our website with the help of the tool described here Facebook or Instagram, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland together are responsible for this data processing (Article 26 GDPR). The joint responsibility is limited exclusively to the collection of the data and its transfer to Facebook or Instagram.

The processing by Facebook or Instagram after the forwarding is not part of the joint responsibility.

Our common obligations have been laid down in an agreement on common processing recorded.

The text of the agreement can be found at: https://www.facebook.com/legal/controller_addendum.

According to this agreement, we are in favor of granting it the data protection information when using the Facebook or Instagram tool and for the responsible for implementing the tool on our website in a secure manner under data protection law. Facebook is responsible for the data security of Facebook and Instagram products. Data subject rights (e.g. requests for information) regarding the data processed by Facebook or Instagram, you can claim directly on Facebook. If you assert the rights of data subjects with us, we are obliged to forward this to Facebook.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission.

Details can be found here:

https://www.facebook.com/legal/EU_data_transfer_addendum

https://help.instagram.com/519522125107875

https://de-de.facebook.com/help/566994660333381.

For more information, see Instagram's privacy policy:

https://instagram.com/about/legal/privacy/.

6. Plugins and Tools

YouTube with enhanced privacy

This website includes videos from the YouTube website. The website operator is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

We use YouTube in the extended data protection mode. According to YouTube, this mode causes that YouTube does not store any information about visitors to this site before they view the video. The transfer of data to YouTube partners is protected by the extended data protection mode. YouTube puts it - regardless of whether you're watching a video - to connect to the Google DoubleClick network.

As soon as you start a YouTube video on this website, a connection to the servers of YouTube is made. The YouTube server is informed which of our pages you have visited. If you are logged in to your YouTube account, you enable YouTube to track your surfing behavior directly assigned to your personal profile. You can prevent this by logging out of your YouTube account.

Furthermore, YouTube can save various cookies on your end device after starting a video or use comparable recognition technologies (e.g. device fingerprinting). In this way YouTube may receive information about visitors to this website. This information is used i.a. to collect video statistics, improve user experience and to prevent fraud attempts.

If necessary, further data processing operations can take place after the start of a YouTube video, over which we have no control.

YouTube is used in the interest of an attractive presentation of our online offers.

This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR. If Consent was requested, the processing takes place exclusively on the basis of Art. 6 Para. 1 lit DSGVO and § 25 Abs. 1 TTDSG, insofar as the consent to the storage of cookies or access to Information in the user's end device (e.g. device fingerprinting) within the meaning of the TTDSG. The Consent can be revoked at any time.

You can find more information about data protection on YouTube in their data protection declaration at:

https://policies.google.com/privacy?hl=en.

Spotify

Functions of the music service Spotify are integrated on this website. Provider is Spotify AB, Birger Jarlsgatan 61, 113 56 Stockholm in Sweden. You can recognize the Spotify plugins by the green logo on this site. You can find an overview of the Spotify plugins at:

https://developer.spotify.com

As a result, when you visit this website via the plugin, a direct connection can be established between your browser and the Spotify server. Spotify receives the information that you with your IP address have visited this website. If you click the Spotify button while you are logged into your Spotify account, you can view the content of this website on your Spotify profile to link. This allows Spotify to associate your visit to this website with your user account.

We would like to point out that when using Spotify, cookies are used by Google Analytics, so that your usage data can also be passed on to Google when using Spotify. Google Analytics is a tool from the Google group based in the USA to analyze user behavior. Spotify alone is responsible for this integration. As the website operator, we have no influence to this processing.

The storage and analysis of the data takes place on the basis of Art. 6 Para. 1 lit. f GDPR. The Website operator has a legitimate interest in the appealing acoustic design of his site. If a corresponding consent has been requested, the processing takes place exclusively on the basis of Art. 6 Para. 1 lit. a DSGVO and § 25 Para. 1 TTDSG, insofar as the consent to the storage of cookies or access to information in the end device of the user (e.g. device fingerprinting) includes the meaning of the TTDSG. The consent can be revoked at any time.

If you do not want Spotify to associate your visit to this website with your Spotify user account, please log out of your Spotify user account.

For more information, see Spotify's privacy policy:

https://www.spotify.com/de/legal/privacy-policy/.

7. Payment

PayPal

We offer the option of processing the payment transaction via the payment service provider PayPal (PayPal (Europe) S.à.rl. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg). This corresponds to our legitimate interest in offering an efficient and secure payment method (Art. 6 Para. 1 lit. f GDPR). In this context, we pass on the following data to PayPal, insofar as this is necessary for the fulfillment of the contract (Art. 6 Para. 1 lit b. DSGVO).

First name

Last name

Address

E-mail address

Phone number

The processing of the data specified under this section is not required by law or contract. Without the transmission of your personal data, we cannot carry out a payment via PayPal.

PayPal carries out a credit check for various services such as payment by direct debit in order to ensure your willingness and ability to pay. This corresponds to PayPal's legitimate interest (according to Art. 6 Para. 1 lit. f GDPR) and serves to execute the contract (according to Art. 6 Para. 1 lit. b GDPR). Your data (name, address and date of birth, bank account details) will be passed on to credit agencies for this purpose. We have no influence on this process and only receive the result of whether the payment was made, rejected or pending verification.

You can find more information on how to object to and remove PayPal from: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

Your data will be stored until the payment has been processed. This includes the time it takes to process refunds, claims management and fraud prevention. [According to [§ 147 AO / § 257 HGB]

Legal Notice

No order processing according to Art. 28 GDPR

PayPal is not a processor within the meaning of Art. 4 No. 8 GDPR.

There is a separate responsibility of the paying user.

2023/03/23