Disclaimer: The following template was created by a lawyer (https://drschwenke.de) in accordance with the typical requirements associated with an online shop. You should nevertheless only apply the template further to careful scrutiny and adaptation to your specific business model. In order to assist you in doing so, the following template contains additional notes that must be adhered to as well as red passages that require special attention and, where applicable, adaptation. Please delete the notes once you have worked your way through the template. Take legal advice if you are unsure about particular elements. Copyright: You are only permitted to use the template within the respective domain/website if the latter is covered by your Marketpress license. The passing on of this template to third parties (including customers, e.g. as developers) is prohibited.
Data Protection Statement
This Data Protection Statement informs you how, to what extent and to what purpose your personal data (hereinafter referred to in abbreviated form as “data”) is processed in connection with our website as well as associated websites, functions, content and external websites such as our social media profiles (hereinafter referred to collectively as our “website”). Terms such as “processing” and “controller” are used in accordance with the definitions set out in Article 4 of the General Data Protection Regulation (GDPR).
Note: In the case of sole traders, please use “Owner” and not “Managing Director”.
Name/company: < Text >
Street, number: < Text >
Postcode, city, country: < Text >
Commercial register/reg. no.: < Text >
Managing Director/Owner: < Text >
Telephone number: < Text >
Email address: < Text >
Note: The email address via which the controller can be contacted is the only compulsory entry; all other entries are optional. Please note that data protection controllers need only be indicated insofar as one or more has been appointed. § 38 of the new version of the German Federal Data Protection Act (BDSG) states that a company must appoint a data protection controller if personal data is processed by 10 or more of its employees (NB: personal data is deemed to be processed even if an employee simply has access to an email inbox).
Data Protection Controller:
Name: < Text >
Street, number: < Text >
Postcode, city, country: < Text >
Telephone number: < Text >
Email address: < Text >
Types of data processed:
Note: The following list summarises the types of data typically processed and the types of data subjects typically involved (the information in brackets is provided for the purpose of clarification only and can be amended or deleted):
– Basic data (e.g. names, addresses, etc.).
– Contact data (e.g. email addresses, telephone numbers, etc.).
– Content (e.g. text, photos, videos, etc.).
– Contractual data (e.g. subject of the contract, contractual duration, customer category, etc.).
– Payment data (e.g. bank details, payment history, etc.).
– Usage data (e.g. websites visited, content preferences, times of access, etc.).
– Metadata/communication data (e.g. device data, IP addresses, etc.).
Processing of special categories of personal data (GDPR Art. 9(1)):
Note: Please select whether or not you process special categories of personal data and, if so, which categories. Such categories include but are not exclusive to data concerning: Racial or ethnic background, political opinions, religious or ideological convictions, trade union membership, genetic data, biometric data that can be used to definitively identify a natural person, health data and data on a person’s sex life or sexual orientation. Such data may, for example, be processed in connection with erotic services or sanitary products, though this is in fact rarely the case. Please use the following alternative if you do not process any special categories of personal data: “The following special categories of personal data are processed: < Eingabe >”.
No special categories of data are processed.
Categories of data subjects:
Note: Please select the appropriate categories of data subjects, deleting categories or adding your own categories as required.
– Customers, interested parties, visitors to and users of the website, business partners.
– Visitors to and users of the website. Data subjects are hereinafter referred to collectively as “users”.
Purpose of data processing:
Note: Please delete as appropriate and/or add your own data processing purposes.
– Provision of the website, the content thereof and shop functions.
– Performance of contractual obligations and customer services.
– Responses to contact requests, communication with users.
– Marketing, advertising and market research.
– Security measures.
Please enter the effective date of the Data Protection Statement.
1. Definition of terms
1.1. “Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”); a natural person is deemed to be identifiable if they can be identified, whether directly or indirectly, on the basis of an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2. “Processing” means any operation or series of operations performed on personal data either with or without the aid of automated procedures. The term is broad in nature and essentially includes every instance of data handling.
1.3. The “controller” is the natural or legal person, public authority, agency or other body that holds sole or joint responsibility for determining the purposes and means of the processing of personal data.
2.Definitive legal basis
As stipulated in GDPR Art. 13, we hereby inform you of the legal basis for our data processing operations. The following applies unless otherwise stated in this Data Protection Statement: The legal basis for data processing in connection with the sourcing of consent is defined in GDPR Art. 6(1) lit. a and GDPR Art. 7; the legal basis for data processing in connection with the performance of our contractual services and responses to enquiries is GDPR Art. 6(1) lit. b; the legal basis for data processing in connection with the fulfilment of our legal obligations is GDPR Art. 6(1) lit. c; the legal basis for data processing in connection with the safeguarding of our legitimate interests is GDPR Art. 6(1) lit. f. The legal basis for data processing required in order to protect the vital interests of the data subject or another natural person is GDPR Art. 6(1) lit. d.
3. Amendments and updates to this Data Protection Statement
We request that you keep yourself informed about the current content of this Data Protection Statement by referring back to it at regular intervals. Any relevant changes to our data processing operations will lead to the immediate amendment of this Data Protection Statement. We will inform you of such amendments insofar as they either require action on your part (e.g. declaration of consent) or require us to notify you individually.
Note: Delete the reference to encryption if your website is not encrypted. The secure communication of your website using HTTPS is nevertheless to be seen as compulsory.
4. Security measures
4.1. In accordance with GDPR Art. 32, and with consideration of the state of the art, the costs of implementation and the nature, scope, context and purposes of data processing as well as the varying probability and severity of risks to the rights and liberties of natural persons, we implement suitable technical and organisational measures ensuring a level of security that is appropriate to the respective level of risk. Among other measures, this includes the safeguarding of data confidentiality, integrity and availability by monitoring and controlling physical access to data as well as the viewing, entry, editing, disclosure and availability thereof. We have also established procedures designed to safeguard the rights of data subjects, enable the deletion of data and counteract data compromises. Furthermore, we take the protection of personal data into account as early as the development and/or selection of hardware, software and procedures in accordance with the principle of data protection by design and default as defined in GDPR Art. 25.
4.2. Among others, security measures include the encrypted communication of data between your browser and our server.
5. Disclosure and transfer of data
5.1. We only disclose, transfer or otherwise make data accessible to other persons or companies (here: contracted processors or third parties) if we are legally permitted to do so (e.g. if the transfer of data to a third party such as a payment service provider is essential for the performance of a contract under the terms of GDPR Art. 6(1) lit. b), if you have granted you consent, if we are under a legal obligation to do so or if we are justified in doing so on the grounds of our legitimate interests (e.g. in connection with the use of authorised representatives, hosting providers, tax, business or legal consultants or external customer care, accounting, invoicing or similar services as a means of ensuring the efficient and effective performance of our contractual obligations, administrative tasks and other obligations).
5.2. The commissioning of third parties to process data on our behalf on the basis of a so-called “data processing agreement” occurs in accordance with GDPR Art. 28.
6. Transfer of data to third countries
Insofar as we process data in a third country (i.e. a country outside the European Union (EU) or the European Economic Area (EEA)) or data is process in a third country in connection with the use of third-party services or the disclosure or transfer of data to third parties, such processing only occurs if it is a prerequisite for the performance of our (pre)contractual obligations, if you have granted your consent, if we are under a statutory obligation to do so or if it justified on the grounds of our legitimate interests. Subject to statutory or contractual permission, we only process or allow data to be processed in a third country if the prerequisites defined in GDPR Art. 44 ff. are fulfilled. In other words: Processing is dependent on criteria such as special guarantees (e.g. official confirmation of compliance with EU data protection requirements, for example Privacy Shield certification) and adherence to officially approved contractual obligations (so-called “standard contractual clauses” as defined in GDPR Art. 28(6)).
7. Rights of data subjects
7.1. GDPR Art. 15 grants you the right to obtain confirmation as to whether or not personal data concerning you has been processed, and, if so, information on, access to and a copy of the personal data in question.
7.2. GDPR Art. 16 grants you the right to obtain the completion of incomplete personal data concerning you and the rectification of incorrect personal data concerning you.
7.3. GDPR Art. 17 grants you the right to obtain the deletion of personal data concerning you. Alternatively, GDPR Art. 18 grants you the right to obtain restrictions on the processing of data concerning you.
7.4. GDPR Art. 20 grants you the right to receive the personal data concerning you which you have submitted to us as well as the right to the transfer thereof to another controller without hindrance from us.
7.5. GDPR Art. 77 grants you the right to lodge a complaint with a supervisory authority.
8. Right of revocation
GDPR Art. 7(3) grants you the right to revoke your consent with future effect.
9. Right to object
GDPR Art. 21 grants you the right to object to any further processing of personal data concerning you at any time. In particular, your right to object can be used to prevent data processing for the purpose of direct advertising.
10. Cookies and the right to object to direct advertising
10.1. The term “cookies” refers to small files stored on the user’s devices. Cookies can be used to store a variety of data. The primary purpose of a cookie is to store data on a user (or the device on which the cookie is stored) during and/or after their visit to a website. Temporary cookies (also referred to as “session cookies” or “transient cookies”) are deleted when the user leaves the website and closes their browser. A cookie of this type might be used to store the content of a shopping basket in an online shop or the user’s login status. “Permanent” or “persistent” cookies remain stored on the device even after the user has closed their browser. To give an example, this makes it possible for the user’s login status to be stored even if there are a number of days between their visits to the respective site. Such cookies can also be used to store data on user interests for the purposes of reach analysis and marketing activities. “Third-party cookies” are cookies from providers other than the controller responsible for the respective website (whose cookies are referred to as “first-party cookies”).
10.2. We use temporary and permanent cookies and provide corresponding information in our Data Protection Statement. Users who do not wish to have cookies stored on their device are requested to deactivate the corresponding option in their browser settings. Cookies already stored on their device can be deleted using their browser settings. Users who object to cookies may experience restrictions on the functionality of this website.
Note: Please select the appropriate options for Germany or Austria. Please amend the options if you are required to comply with other statutory obligations to store data:
11. Deletion of data
11.1. The data we process is deleted or the processing thereof restricted in accordance with GDPR Art. 17 and GDPR Art. 18. Unless otherwise stated in this Data Protection Statement, and provided no conflicting statutory obligations exist, the data we store is deleted as soon as it is no longer required for its original purpose. The processing of data that is not deleted because it is still required for other legally permissible purposes is restricted (i.e. the data is blocked and not used for other purposes). To give an example, this applies to data that must be stored for longer periods under the terms of commercial or tax law.
11.2. Germany: Statutory requirements stipulate data storage for a period of 6 years (under HGB § 257(1); applies to account books, inventories, opening balances, annual financial statements, business letters, vouchers, etc.) and 10 years (under AO § 147(1); applies to ledgers, records, financial reports, business letters, tax-related documents, etc.) respectively.
11.3. Austria: Statutory requirements stipulate data storage for a period of 7 years (BAO § 132(1), applies to accounting records, vouchers/invoices, accounts, vouchers, business documents, summaries of incomings and outgoings, etc.), 22 years (in connection with real estate) and 10 years (in the case of documents pertaining to services performed electronically, telecommunication services and radio and television broadcasting services supplied to non-taxable people in EU member countries under the terms of the mini One Stop Shop (MOSS)) respectively.
12. Order processing in the online shop, customer accounts
12.1. We process our customers’ data during the placement of orders in our online shop in order to enable them to select, order, pay for and arrange the shipping/performance of the selected products and services.
12.2. The data processed includes basic data, communication data, contractual data and payment data. The data subjects include our customers, interested parties and other business partners. Processing facilitates the performance of contractual services within the context of the operation of an online shop, invoicing, shipping and customer service. It involves the storage of session cookies (used to store the contents of the customer’s shopping basket) and permanent cookies (used to store the customer’s login status).
12.3. Processing is justified under the terms of GDPR Art. 6(1) lit. b (order processing) and GDPR Art. 6(1) lit. c (archiving in accordance with legal obligations). The entries marked as “required” are essential to the conclusion and performance of the contract. We only disclose data to third parties within the context of shipping, payment and compliance with statutory rights and obligations towards legal advisors and public authorities. Data is only processed in third countries if this is essential to the performance of the contract (e.g. as a result of customer requests regarding shipping and payment).
12.4. Users have the option to set up a user account which enables them to view their orders among other functions. Users are informed which entries are a prerequisite for registration. User accounts are not public and cannot be indexed by search engines. If a user cancels their user account the data included therein is deleted insofar as it is not necessary for such data to be stored for business or tax-related reasons under the terms of GDPR Art. 6(1) c. Data remains in the user’s account until such time as the account is deleted, after which it may be archived where necessary as a result of legal obligations. In the event of account cancellation it is up to the user to secure their data prior to the end of the contract.
12.5. The time at which the user is active and the IP address of their device is stored when they register on, log into or use our website. The data is stored on the grounds of our legitimate interests and as a means of protecting the user against misuse and other unauthorised use. As a basic principle the data is not disclosed unless it is required for the enforcement of our claims or we are legally obliged to do so under the terms of GDPR Art. 6(1).
12.6. Deletion occurs upon the expiry of statutory archiving periods and comparable obligations. The extent to which data storage continues to be necessary is checked every three years. Data to which statutory archiving obligations apply is deleted upon the expiry of the respective period (6 years in the case of commercial archiving obligations, 10 years in the case of tax-related archiving obligations). Data remains in the user’s account until such time as the account is deleted.
Note: 1. Please delete this passage if you do not analyse purchaser data as described.
13. Business analysis and market research
13.1. We analyse available data on business processes, contracts, enquiries, etc. in order to maintain the commercial viability of our business and identify market trends and the requirements of our customers and users. This involves the processing of basic data, communication data, contractual data, payment data, usage data and metadata in accordance with GDPR Art. 6(1) lit. f. Data subjects include customers, interested parties, business partners, visitors to and users of our website. Analysis occurs for the purpose of business evaluation, marketing and market research. The data sets analysed include the profiles of registered users, which may contain data on their purchase processes among others. Analysis enables us to enhance user friendliness, optimise our services and remain commercially viable. Analysis occurs solely for our purposes. The results thereof are not disclosed to external recipients insofar as they do not take the form of combined values based on anonymised analysis.
13.2. Analyses and profiles attributable to specific data subjects are deleted or anonymised upon termination of the contract by the respective user and two years after the end of the contract in all other cases. As a basic principle, overall business analyses and general trend forecasts are drawn up on an anonymised basis wherever possible.
Note: 1. Please delete this passage if you do not use this service.
2. A credit check is permissible if there would otherwise be a risk of non-payment (i.e. if the customer chooses to purchase on account). To give an example, there is no risk of non-payment if the customer chooses to pay in advance or using a third-party payment processor such as PayPal.
It is also to be noted that the sourcing of an automated credit check is to be equated with “automated individual decision-making” (i.e. a legal decision made without human involvement) in accordance with GDPR Art. 22. This is permissible if the customer has granted their consent or the decision in question is essential to the conclusion of the contract. Although it has yet to be definitively clarified whether or not such decisions can be rated as essential, they are nevertheless rated as essential in many cases and by many analysts (including by the author of this template). If you wish to rule out any risk whatsoever you should obtain the customer’s consent.
Consent is also required if the credit check is used to make a decision on whether or not the option to pay on account should even be shown. The reason for this is that the customer might have already intend to pay in advance or using PayPal, thus rendering a credit check unnecessary.
The declaration of consent could take the following form:
I hereby declare my consent to a credit check which uses automated individual decision-making (as defined in GDPR Art. 22) to decide whether or not the option to pay on account should be offered. Please refer to our [Link]Data Protection Statement[/Link] for further information on credit checks, the credit agencies used, the procedures involved and opportunities to object.
14. Credit checks
14.1. Insofar as we commence performance of the contract before payment has occurred (e.g. in cases where a customer opts to make their purchase on account) we reserve the right to safeguard our legitimate interests by commissioning a specialist credit agency to carry out an identity and credit check which uses mathematical-statistical methods to assess credit risk.
14.2. Each credit check sees us communicate the following personal data concerning the customer (name, postal address, date of birth, information on the type of contract involved, bank details [please add other data types as appropriate]) to the following credit agencies:
[Please enter the details of the credit agencies you use, for example:] SCHUFA-Gesellschaft (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), data protection notice: https://www.schufa.de/de/ueber-uns/daten-scoring/.
14.3. We process the information on the statistical probability of non-payment received back from the credit agency within the context of a proper, discretionary decision on the conclusion, performance and termination of our contractual relationship with you. If a credit check delivers a negative result we reserve the right to refuse to offer payment on account or any other advance contractual performance.
14.4. In accordance with GDPR Art. 22, decisions on whether or not we consent to advance contractual performance occur solely on the basis of an automated, case-specific decision taken by our software based on the information received back from the credit agency.
14.5 Both the credit check and the communication of customer data to credit agencies are lawful under the terms of GDPR Art. 6(1) lit. a insofar as we obtain your express consent. If consent is not obtained processing is still lawful on the grounds of our legitimate interest in protecting ourselves against non-payment in accordance with GDPR Art. 6(1) lit. f.
Note: The providers of any third-party CRM systems you use must be named. Data processing agreements must also be concluded with such providers. Special guarantees (e.g. Privacy Shield certification) must be in place if providers process user data in third countries.
14.4 We use the CRM system “Helpdesk” (provided by Help Scout Inc., 131 Tremont St, Boston, MA 02111-1338, USA) on the grounds of our legitimate interest in the efficient, rapid processing of user enquiries. The contract concluded with Help Scout includes so-called “standard contractual clauses” obliging Help Scout to only process user data in accordance with our instructions and EU data protection requirements. The Privacy Shield certification held by Help Scout provides an additional guarantee of compliance with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt0000000KzX1AAK&status=Active).
15. Contact and customer service
15.1. When a user contacts us (using our contact form or by email) the data they submit is processed during the handling of their enquiry in accordance with GDPR Art. 6(1) lit. b.
15.2. The data submitted by the user may be stored in our customer relationship management system (“CRM system”) or comparable enquiry handling systems.
15.3. We delete enquiries when they are no longer required. We check whether or not this is the case every two years. We store enquiries from customers who have a customer account on a permanent basis (please also refer to comments on the deletion of customer accounts). Statutory archiving obligations also apply.
Note: Please contact your web hosts regarding a so-called “data processing agreement” (if you have not already done so). A data processing agreement is a legal obligation due to the fact that web hosts collect personal data on website visitors on your behalf.
16. Collection of access data and log files
16.1. We collect data on every instance of access to the server on which this service is located (so-called “server log files”) in accordance with GDPR Art. 6(1) lit f. Access data includes the name of the website and/or file retrieved, date and time of retrieval, volume of data transferred, confirmation of successful retrieval, browser type and version, user operating system, referrer URL (of the previous website visited), IP address and the provider from which the request came.
16.2. For security reasons (e.g. the investigation of cases of misuse or fraud) log file information is stored for a maximum period of seven days before being deleted. Data that needs to be kept as evidence is exempted from deletion until such time as the respective case has been definitively clarified.
17. Online presence on social media
17.1. In accordance with our legitimate interests under the terms of GDPR Art. 6(1) lit f., we maintain an online presence on social networks and platforms in order to communicate with customers, interested parties and users active on those networks and platforms and inform them about our services. The calling up of the respective networks and platforms is subject to the general terms and conditions and data processing policy operated by the respective provider.
17.2 Unless otherwise stated in our Data Protection Statement, we process users’ data when they communicate with us on social networks and platforms (e.g. by posting on our webpages or sending us messages).
Note: 1. Please delete this passage if you do not use this service. 2. Please note the following prerequisites for the use of Google Analytics: 1) IP anonymisation must be active (https://support.google.com/analytics/answer/2905384?hl=de) and 2) the “Data Processing Amendment” must be accepted in the Admin section of Google Analytics (alternative: a current data processing agreement insofar as one has been issued by Google; for further information on the current situation, please refer to http://drschwenke.de/google-analytics)).
If you use the “Remarketing Audiences” or “Google Analytics Audiences” functions the following passage on the subject of those functions must be adopted as a second point:
17.2. We use Google Analytics to ensure that advertising placed by advertising services provided by Google and its partners is only displayed to users who have shown an interest in our website or possess specific characteristics communicated to Google by us (e.g. an interest in particular topics or products determined on the basis of the websites they have visited in the past). The resultant user groups are referred to as “Remarketing Audiences” or “Google Analytics Audiences”. We also use Remarketing Audiences to ensure that our advertising matches users’ potential interests and does not have an irritating effect.
18. Google Analytics
18.2. The Privacy Shield certification held by Google provides an additional guarantee of compliance with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
18.3. Working on our behalf, Google uses the aforementioned data to evaluate how users use our website, compile reports on activity on our website and deliver other services in connection with the use of our website and the internet. The data processed may be used to create pseudonymised usage profiles of individual users.
18.4. We only use Google Analytics with IP anonymisation activated. This means that the user’s IP address is abbreviated within EU member countries and EEA treaty states. The full IP address is only sent to and abbreviated/anonymised on a Google server in the USA in exceptional cases.
18.5. The IP address sent by the user’s browser is not matched to any other data held by Google. Users can prevent the storage of cookies by activating the appropriate setting in their browser software; users can also prevent cookie-generated data on their use of this website from being stored and processed by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
Note: 1. Please delete this passage if you do not use this service. 2. This section deals with all Google marketing services in order to cover as many functions of these regularly modified services as possible. Services you do not use can be deleted as appropriate.
19. Google marketing and remarketing services
19.1. Our use of Google’s marketing and remarketing services (hereinafter referred to collectively as “Google marketing services”) provided by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, hereinafter referred to as “Google”) is justified by our legitimate interests under the terms of GDPR Art. 6(1) lit. f (here: our interest in the analysis, optimisation and commercially viable operation of our website).
19.2. The Privacy Shield certification held by Google provides an additional guarantee of compliance with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
19.3. Google marketing services enable us to enhance the targeting of advertising for or on our website and only show users advertising that potentially matches their interests. If, for example, a user is displayed advertising for products they showed an interest in on another website, this is referred to as “remarketing”. To this end, each retrieval of our website and other websites on which Google marketing services are active immediately leads to the running (by Google) of a Google code and the embedding of so-called “(re)marketing tags” (invisible graphics or code, also referred to as “web beacons”) into our website. These tags enable the storage of a small, unique file known as a “cookie” on the user’s device; comparable technologies can also be used instead of cookies. Cookies can be stored by a variety of domains including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. The data contained in the cookie details the websites the user has visited, the content they have shown an interest in and the offers they have clicked on as well as technical information on their browser and operating system, referral URLs, time of visit and other information on their use of the website. Although the user’s IP address is also logged, it is important to note that IP addresses are abbreviated within EU member countries and EEA treaty states and only sent in full to a Google server in the USA and abbreviated there in exceptional cases. The IP address is not matched to any other user data in connection with other Google services. Google is nevertheless able to match the aforementioned data to similar data from other sources. If the user follows their visit to our website by visiting other websites they may therefore be shown targeted advertising tailored to their interests.
19.4. User data is processed in pseudonymised form within the context of Google marketing services. This means, for example, that Google does not store or process users’ names or email addresses and instead creates pseudonymised user profiles allocated to specific cookies. This, in turn, means that Google does not manage and display advertising for a specific, identifiable person, but instead for the respective cookie owner regardless of their identity. This does not apply if a user has expressly consented to Google processing their data in unpseudonymised form. The user data collected by Google marketing services is sent to Google and stored on Google’s servers in the USA.
19.5. The Google marketing services we use include the online advertising programme Google AdWords. In this case every AdWords customer receives a different “conversion cookie”. It is therefore not possible for cookies to be traced via the websites of AdWords customers. The data collected with the aid of the cookie is used to compile conversion statistics for AdWords customers who have opted into conversion tracking. AdWords customers receive information on the total number of users who have clicked on their ad and been forwarded to a webpage featuring a conversion tracking tag. They nevertheless receive no information which would render those users personally identifiable.
19.8. We also use the Google Optimize service. Google Optimize enables us to use so-called “A/B testing” to determine the influence of changes to elements such as entry fields and page design on our website. A/B testing involves the storage of cookies on user devices. Data processing is nevertheless restricted to pseudonymised user data.
19.9. In addition, we are able to use the Google Tag Manager to embed and manage Google analysis and marketing services on our website.
19.10. Further information on the way Google uses data for marketing purposes is provided in this overview: https://policies.google.com/technologies/ads. Google’s Data Protection Statement is available to view at
19.11. If you wish to object to interest-based advertising delivered with the aid of Google marketing services you can do so using the settings and opt-out options provided by Google: https://adssettings.google.com/authenticated.
Note: If you use the Facebook pixel in combination with “advanced matching” or “custom audience from file” (in the latter case this means you upload audiences from customer or newsletter lists) the data protection authorities require you to implement an opt-in function (i.e. a function requiring users to expressly confirm their consent). In this case you need to adopt the following passage (further information on the current legal situation: https://drschwenke.de/facebook-pixel):
We also use the Facebook pixel in combination with the additional “advanced matching” function, which involves the (encrypted) transfer of user data such as telephone numbers, email addresses and Facebook IDs to Facebook for the purpose of the creation of target groups referred to as “custom audiences” or “lookalike audiences”. Further information on advanced matching is available on the following webpage: https://www.facebook.com/business/help/611774685654668.
We also use the “custom audiences from file” function provided on the social network operated by Facebook, Inc. In this case the email addresses of newsletter recipients are uploaded to Facebook in encrypted form. The sole purpose of the upload is to define the recipients who receive our Facebook ads. We use this service to ensure that ads are only displayed to users who are interested in our information and services.
Please include the following supplement if you choose to implement your own opt-out function:
Please click on the following link if you wish to prevent your data from being collected by the Facebook pixel on our website: Facebook opt-out Note: If you click the link an opt-out cookie will be stored on your device. If you delete all the cookies in this browser but still wish to opt out you need to click the link again. Please also note that your decision to opt out only applies in your current browser and within the web domain in which you clicked the link.
20. Facebook Audiences, Facebook Custom Audiences and Facebook marketing services
20.1. Our use of the so-called “Facebook pixel” provided by the social network Facebook (operated by Facebook Inc. (headquartered at 1 Hacker Way, Menlo Park, CA 94025, USA) or, if you are an EU resident, Facebook Ireland Ltd (headquartered at 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland), hereinafter referred to collectively as “Facebook”) is justified by our legitimate interest in the analysis, optimisation and commercially viable operation of our website.
20.2. The Privacy Shield certification held by Facebook guarantees compliance with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
20.3. On the one hand, the Facebook pixel enables Facebook to define visitors to our website as the target audience for advertising referred to as “Facebook ads”. As such, we use the Facebook pixel to ensure that Facebook ads placed by us are only displayed to Facebook users who have shown an interest in our website or possess specific characteristics communicated to Google by us (e.g. interest in particular topics or products determined on the basis of the websites they visit; the resultant target groups are referred to as “Custom Audiences”). We also use the Facebook pixel to ensure that our Facebook ads match users’ potential interests and do not have an irritating effect. In addition, the Facebook pixel enables us to evaluate the effectiveness of Facebook ads for statistical and market research purposes, as we are able to see whether or not a user was forwarded to our website further to clicking on a Facebook ad (referred to as a so-called “conversion”).
20.4. Facebook processes data in accordance with the Facebook Data Policy, which also includes general information on Facebook ads: https://www.facebook.com/policy.php. In-depth information on the Facebook pixel and how it works is available from the Facebook Help Centre: https://www.facebook.com/business/help/651294705016616.
20.5. You have the right to object to the collection of your data by the Facebook pixel and the use of your data for the placement of Facebook ads. If you wish to adjust the types of ad displayed to you on Facebook, please visit the following page specially set up by Facebook and follow the instructions on how to adjust your ad settings: https://www.facebook.com/settings?tab=ads. The settings you select are applied across all platforms (i.e. they are adopted by all devices, for example desktop computers and mobile devices).
Note: 1. Please delete this passage if you do not use this service. 2. As Facebook Social Plugins function in a similar way to the Facebook pixel (insofar as they enable Facebook to process user data for marketing purposes), the aforementioned opt-out function for the Facebook pixel can also be used for Facebook Social Plugins.
21. Facebook Social Plugins
21.1. Our use of the Facebook Social Plugins provided by the social network facebook.com (operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, hereinafter referred to as “Facebook”) is justified by our legitimate interests under the terms of GDPR Art. 6(1) lit. f (here: our interest in the analysis, optimisation and commercially viable operation of our website). The plugins may take the form of interactive elements or content (e.g. videos, graphics or text) and are identifiable by one of Facebook’s logos (a white “f” on a blue square, the term “Like” (or translated equivalent) or a “thumbs-up” symbol) or labelled as a “Facebook Social Plugin”. A summary of Facebook Social Plugins and their appearance is available here: https://developers.facebook.com/docs/plugins/.
21.2. The Privacy Shield certification held by Facebook guarantees compliance with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
21.3. When a user uses a function on this website that includes a Facebook Social Plugin their device creates a direct connection with Facebook’s servers. Facebook sends the content of the plugin directly to the user’s device, which in turn embeds it into this website. The data processed may be used to create usage profiles of website users. We therefore have no power over the scope of the data collected by Facebook with the aid of the plugin and are only able to inform users to the best of our knowledge.
21.4. Facebook is notified when the user retrieves the webpage into which the plugin is embedded. If the user is logged into their Facebook account Facebook is able to match their visit to their Facebook account. User interaction with plugins – for example the clicking of the “Like” button or the posting of a comment – sees the respective information sent directly from your device to Facebook, where it is stored on Facebook’s servers. Even if the user is not a member of Facebook, it is still possible for Facebook to determine and store their IP address. Facebook states that IP addresses are only stored in anonymised form in Germany.
21.5. Further information on the purpose and scope of the data collected, the subsequent processing and use thereof by Facebook, related rights and settings that can be used to protect user privacy is available in the Facebook Data Policy: https://www.facebook.com/about/privacy/.
21.6. Users who are Facebook members and do not wish Facebook to use this website to collect data concerning them are required to log out of Facebook prior to using this website and delete their cookies. Further opportunities to adjust your settings and object to the use of your data for advertising purposes are available in the ad preferences section of your Facebook profile (https://www.facebook.com/settings?tab=ads), on the U.S.-based webpage http://www.aboutads.info/choices/ and on the EU-based webpage http://www.youronlinechoices.com/. The settings you select are applied across all platforms (i.e. they are adopted by all devices, for example desktop computers and mobile devices).
Note: 1. Please delete this passage if you do not use this service. 2. Please note the following in connection with the implementation of the Matomo opt-out feature and privacy settings: https://matomo.org/docs/privacy/#step-3-include-a-web-analytics-opt-out-feature-on-your-site-using-an-iframe.
22. Reach analysis using Matomo
22.1. Our use of reach analysis services provided by Matomo is justified by our legitimate interests under the terms of GDPR Art. 6(1) lit. f (here: our interest in the analysis, optimisation and commercially viable operation of our website) and involves the processing of the following data: Your browser type and version, your operating system, your country of origin, the date and time of the server request, the number of visits, how long you spend on the website and any external links you click on. Users’ IP addresses are anonymised before being stored.
22.4. [Please insert the Matomo IFRAME containing the opt-out cookie here (and switch on IP anonymisation in your settings)].
Note: Please delete this passage if you do not use this service.
23. Jetpack (WordPress Stats)
23.1. Our use of the Jetpack plugin (here: the subfunction WordPress Stats) is justified by our legitimate interests under the terms of GDPR Art. 6(1) lit. f (here: our interest in the analysis, optimisation and commercially viable operation of our website). Jetpack includes a tool for the statistical evaluation of visitor traffic and is provided by Automattic, Inc., 132 Hawthorne Street, San Francisco, CA 94107, USA. Jetpack uses so-called “cookies” (a type of text file stored on your device in order to enable the analysis of how you use the website).
Note: Please delete this passage if you do not use this service.
24.1. Our use of the “etracker” analytical service provided by etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg is justified by our legitimate interests under the terms of GDPR Art. 6(1) lit. f (here: our interest in the analysis, optimisation and commercially viable operation of our website).
24.3. You can object to data collection and storage with future effect at any time. Click on the following link if you wish to object to the collection and storage of your user data in the future. The opt-out cookie you will receive from etracker as a result will ensure that etracker does not collect or store any user data from your browser in the future: http://www.etracker.de/privacy?et=Account-ID [Please enter your account ID here].
24.4. etracker will implement your decision to opt out by storing the opt-out cookie “cntcookie” on your device. Please do not delete this cookie unless you no longer wish to object to data collection and storage as described above. Further information is available in the etracker Data Privacy Statement: http://www.etracker.com/de/datenschutz.html.
Note: Please delete this passage if you do not use this service.
25.1. Our use of the services provided by Criteo GmbH, Gewürzmühlstr. 11, 80538 Munich, Germany is justified by our legitimate interests under the terms of GDPR Art. 6 (1) lit. f (here: our interest in the analysis, optimisation and commercially viable operation of our website).
25.2. The services provided by Criteo enable us to enhance the targeting of advertising for or on our website and only show users advertising that potentially matches their interests. If, for example, a user is displayed advertising for products they showed an interest in on another website, this is referred to as “remarketing”. To this end, the retrieval of our website and other websites on which Criteo is active immediately leads to the running (by Criteo) of a Criteo code and the embedding of so-called “(re)marketing tags” (invisible graphics or code, also referred to as “web beacons”) into the website. These tags enable the storage of a small, unique file known as a “cookie” on the user’s device; comparable technologies can also be used instead of cookies. The data contained in the cookie details the websites the user has visited, the content they are interested in and the offerings they have clicked on as well as technical information on their browser and operating system, referral URLs, time of visit and other information on their use of our website. Criteo is also able to match the aforementioned data to similar information from other sources. If the user follows their visit to the website by visiting other websites they may therefore be shown targeted advertising tailored to their interests.
Note: Please delete this passage if you do not use this service.
26. Amazon Associates Programme
26.2. Further information on how Amazon uses data is available in the company’s Privacy Notice: http://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401.
Note: This passage applies to almost every online shop and generally does not need to be deleted.
27. Communication by post, email, fax or telephone
27.1 We carry out business transactions and marketing activities using various means of long-distance communication including postal correspondence, telephone calls and electronic mail (“email”). This involves the processing of basic data, address and contact data and contractual data on data subjects in the form of customers, participants, interested parties and communication partners.
27.2 Processing occurs in accordance with GDPR Art. 6(1) lit. a, GDPR Art. 7 and GDPR Art. 6(1) lit. f in combination with statutory guidelines on advertising communication. Contact only occurs with the consent of the respective counterpart or where legally permissible. The data processed is deleted as soon as it is no longer required or at such time as deletion becomes necessary due to an appeal/cancellation or the invalidation of the basis for continued storage and/or statutory archiving obligations.
Note: Note: 1. Please delete this passage if you do not use this service. 2. The following is a template for a newsletter which is sent via a third-party sender (e.g. MailChimp or Clever Reach) and for which opening and click statistics are compiled. If you use this type of service you need to ask your sender(s) for a data processing agreement. If you send the newsletter yourself or do not conduct any analysis you can shorten the template accordingly.
Note: Please refer to the content of your newsletter and the evaluation of opening and click behaviour during the newsletter registration process (i.e. in the registration form), for example using the following passage:
Our newsletter includes information on our products, offers, campaigns and company. Information on data protection, revocation, logging and the performance analysis to which your consent also applies is available in our [LINK]Data Protection Statement[/Link].
If you use an external sender you must include information on them; the following examples refer to an EU-based service provider and a service provider based in a third country:
External sender: The newsletter is sent by CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede (hereinafter referred to as the “external sender”). The external sender’s Data Protection Statement is available to view here: https://www.cleverreach.com/de/datenschutz/.
External sender: The newsletter is sent by MailChimp, a newsletter dispatch platform belonging to the US-based provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The external sender’s Data Protection Statement is available to view here: https://mailchimp.com/legal/privacy/. The Privacy Shield certification held by Rocket Science Group LLC d/b/a MailChimp guarantees compliance with European data protection requirements (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
Note on the legal basis: Please select the country-specific option for Germany or Austria when selecting legal content. Please note that the Austrian E-Commerce Act (ECG) requires the so-called “ECG list” to be mentioned. The ECG list is kept by the Austrian regulatory body for telecommunication and broadcasting (RTR-GmbH): https://www.rtr.at/de/tk/TKKS_Spam. The list contains email addresses to which the sending of advertising emails is prohibited.
28.1. In this section we inform you about the content of our newsletter, registration, dispatch, statistical evaluation procedures and your rights to object. If you subscribe to our newsletter you automatically declare your consent to the receipt thereof and the procedures described.
28.2. Newsletter content: We only send newsletters, emails and other electronic correspondence containing advertising (hereinafter referred to collectively as “newsletters”) with the consent of the recipient or as legally permitted. Newsletter content is fundamental to the user’s consent insofar as such content is clearly defined during the newsletter subscription process. Our newsletters also include information on our products, offers, campaigns and company.
28.3. Double opt-in and logging: We use the so-called “double opt-in” process for newsletter subscriptions. This means that after you have subscribed you will receive an email asking you to confirm your subscription. This “double” confirmation is necessary in order to prevent people from subscribing using third-party email addresses. Newsletter subscriptions are logged in order to ensure that the subscription process can be traced in accordance with legal requirements. This includes the logging of the time of subscription, the time of confirmation and the subscriber’s IP address. Changes to personal data concerning the subscriber stored by the external sender are also logged.
28.4. External sender: The newsletter is sent by MailChimp, a newsletter dispatch platform belonging to the US-based provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The external sender’s Data Protection Statement is available to view here: https://mailchimp.com/legal/privacy/. The Privacy Shield certification held by Rocket Science Group LLC d/b/a MailChimp guarantees compliance with European data protection requirements (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
28.5. Insofar as we use an external sender, that external sender has confirmed to us that they are able to use pseudonymised data (i.e. data in a form that cannot be attributed to a specific user) as a basis for the optimisation and improvement of their own services (e.g. the technical optimisation of the sending process and the way in which the newsletter is displayed) and statistical analysis (e.g. analysis of recipients’ countries of origin). The external sender neither uses data concerning our newsletter recipients to contact them on their own behalf nor discloses such data to third parties.
28.6. Subscription data: The only essential information required in order to subscribe to our newsletter is your email address. You also have the option to provide your name so that you can be addressed in person in the newsletter.
28.7. Performance analysis: Our newsletters contain a so-called “web beacon”. This pixel-sized file is retrieved by our server or, insofar as we use an external sender, the external sender’s server when you open the newsletter. Retrieval initially involves the collection of technical data such as data on your browser and operating system as well as your IP address and the time of retrieval. This data is used to carry out technical improvements based on not only technical data but also the target groups and their reading behaviour determined on the basis of the location at which they retrieve the newsletter (which can be determined with the aid of their IP address) and the time of retrieval. Statistical evaluation also includes the determination of whether or not the newsletter is opened, when it is opened and which of the links contained therein are clicked. Although the attribution of the aforementioned data to specific newsletter recipients is a technical possibility, it is neither our intention nor the intention of any external senders used to monitor individual users. On the contrary, performance analysis enables us to determine the reading patterns of our users, adapt our content to them and send out newsletters containing different information depending on the interests of the respective user.
28.8. Germany: Newsletter dispatch and performance analysis are justified on the grounds of the recipients’ consent in accordance with GDPR Art. 6(1) lit. a and GDPR Art. 7 in connection with UWG § 7 para. 2 no. 3 and on the grounds of legal permission in accordance with UWG § 7 para. 3.
28.9. Austria: Newsletter dispatch and performance analysis are justified on the grounds of the recipients’ consent in accordance with GDPR Art. 6(1) lit. a and GDPR Art. 7 in connection with TKG § 107 para. 2 and on the grounds of legal permission in accordance with TKG § 107 para. 2 & 3.
28.10. The logging of the subscription process is justified by our legitimate interest under the terms of GDPR Art. 6 (1) lit. f and serves to document consent to the receipt of the newsletter.
28.11. Newsletter recipients can unsubscribe from (i.e. revoke their consent to the sending of) our newsletter at any time. An “unsubscribe” link can be found at the bottom of every newsletter. Recipients who unsubscribe simultaneously revoke their consent to performance analysis. Separate revocation of consent to performance analysis is unfortunately not possible; recipients can therefore only revoke their consent to performance analysis if they unsubscribe from the newsletter. Unsubscription results in the deletion of personal data unless the continued storage thereof is legally required or justified, whereby it is to be noted that processing is restricted to these exceptional cases. In particular, it is in our legitimate interest to store the email addresses of former newsletter recipients for up to three years prior to deletion from our newsletter dispatch database, as we may be required to provide evidence that they once consented to the receipt of our newsletter. In this case data processing is restricted to defence against claims. An individual deletion request can be made at any time providing it can be confirmed that consent once existed.
Note: Please check whether or not the following services are used on your website and amend the list accordingly. You can use the examples given as templates for the addition of other services.
29. Embedded third-party services and content
29.1. Our use of third-party services and content is justified by our legitimate interests under the terms of GDPR Art. 6(1) lit. f (here: our interest in the analysis, optimisation and commercially viable operation of our website) and involves the embedding of those third-party services and content, for example videos and fonts (hereinafter referred to as “content”). This always requires the third-party providers of such content to log the user’s IP address, as without the IP address the content cannot be sent to the user’s browser. The IP address is therefore a prerequisite for the display of the respective content. We endeavour to only use content from providers who only use the user’s IP address to deliver content. Third-party providers may also use so-called “pixel tags” (invisible graphics, also referred to as “web beacons”) for the purpose of statistical evaluation and marketing. Pixel tags can be used to evaluate data on visitor traffic on the webpages that make up this website. The pseudonymised data may also be stored in cookies on the user’s device and contain elements including technical information on the respective browser and operating system, referral URLs, time of visit and other information on the use of our website; they may also be matched to data from other sources.
29.2. The following list provides a summary of third-party providers and their content as well as links to their data protection statements, which contain further information on data processing and opt-out options (some of which have already been dealt with in this Data Protection Statement).
– If our customers use third-party payment services (e.g. PayPal) the general terms and conditions and data protection statements available to view on the websites or in the apps operated by the respective third-party providers apply.
– External fonts from Google, LLC., https://www.google.com/fonts (“Google Fonts”). The embedding of Google Fonts involves the retrieval of data from a Google server (which is generally located in the USA). Data Protection Statement: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
– Maps provided via the “Google Maps” service operated by third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Data Protection Statement: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
– Videos provided via the YouTube platform operated by third-party provider Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Data Protection Statement: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
– Functions forming part of the Google+ service are embedded in our website. The functions are provided by third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. If you are logged into your Google+ account you can link the content of the webpages that make up our website to your Google+ profile by clicking the Google+ button. This will enable Google to attribute your visits to our webpages to your user account. Despite being the operator of the webpages that make up our website, we point out that we have no knowledge of either the content of the data sent or the way it is used by Google+. Data Protection Statement: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
– Functions forming part of the Instagram service are embedded in our website. The functions are provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account you can link the content of our webpages to your Instagram profile by clicking the Instagram button. This will enable Instagram to attribute your visits to our webpages to your user account. Despite being the operator of the webpages that make up our website, we point out that we have no knowledge of either the content of the data sent or the way it is used by Instagram. Data Protection Statement: http://instagram.com/about/legal/privacy/.
– We use social plugins provided by the Pinterest social network, which is operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA (“Pinterest”). If you retrieve a webpage containing a plugin of this type your browser creates a direct connection to Pinterest’s servers. The plugin then sends log data to the Pinterest server in the USA. Log data may include your IP address, the address of websites you have visited that also feature Pinterest functions, your browser type and settings, the data and time of your request, information on the way you use Pinterest and cookies. Data Protection Statement: https://about.pinterest.com/de/privacy-policy.
– Functions provided by the service/platform Twitter (hereinafter “Twitter”) may be embedded in our website. Twitter is operated by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. Functions include the display of content posted by us on Twitter on our website, a link to our Twitter profile and the opportunity to not only interact with Twitter content and functions, but also track whether or not users are successfully redirected to our website by the ads we place on Twitter (so-called “conversion tracking”). The Privacy Shield certification held by Twitter guarantees compliance with European data protection requirements (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Data Protection Statement: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization.