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Data protection notice

Data protection notice

 

This data protection notice explains 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 jointly referred to as an online offer). With regard to the terms used, such as processing or person responsible, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible person

 

Hof Peters Hammah 
Heide and Helmut Peters

Groß-Sterneberger-Str. 28

21714 Hammah
Germany

 

Types of data processed:

- Inventory data (e.g., names, addresses).
- Contact details (e.g., email, phone 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 data subjects

Visitors and users of the online offer (in the following we refer to the affected persons as users).

 

Purpose of processing

- Provision of the online offer, its functions and content.
- Answering contact requests and communicating with users.
- Safety measures.
- Reach measurement / marketing

 

Terms used

Personal data is all information that relates to an identified or identifiable natural person (hereinafter the data subject); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

Processing is any process carried out with or without the help of automated procedures or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data.

Pseudonymization the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data is not a identified or identifiable natural person.

Profiling any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal preferences, To analyze or predict the interests, reliability, behavior, whereabouts or relocation of this natural person.

The person responsible is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

Processor means a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.

 

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for 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 for the performance of our services and the implementation of contractual measures Answering inquiries is Art. 6 Para. 1 lit.b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art . 6 para. 1 lit.f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.

 

Safety measures

In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons, we make suitable technical and organizational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, forwarding, ensuring availability and their separation. Furthermore, we have set up procedures that ensure that data subjects' rights are exercised, that data are deleted and that data are responded to at risk. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).

 

Cooperation with contract processors and third parties

If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, according to Art. 6 Para. 1 lit. b GDPR is required to fulfill the contract), you have consented, 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 to process data on the basis of what is known as an order processing contract, this is done on the basis of Art. 28 GDPR.

 

Transfers 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 happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called standard contractual clauses).

 

Data Subject Rights

You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority.

 

Right of withdrawal

You have the right to revoke your consent in accordance with Article 7 Paragraph 3 GDPR with effect for the future

 

Right to object

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.

 

Cookies and right to object to direct mail

Cookies are small files that are stored on the user's computer. Various information 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 their visit to an online offer. Temporary cookies, or session cookies or transient cookies, are cookies that are deleted after a user leaves an online offer and closes his browser. The contents of a shopping cart in an online shop or a login status can be saved 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 the user visits 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 offer (otherwise, if they are only their cookies, they are referred to as first-party cookies).

We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that you may then not be able to use all the functions of this online offer.

 

Deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. 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 the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.

According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation Documents, etc.) and 6 years according to § 257 Paragraph 1 No. 2 and 3, Paragraph 4 HGB (commercial letters).

According to legal requirements in Austria, the storage takes place 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 land and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

 

Business related processing

 

We also process
- Contract data (e.g., subject of the contract, duration, customer category).
- Payment data (e.g. bank details, payment history)
by our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

 

Order processing in the online shop and customer account

 

We process the data of our customers as part of the order processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.

The processed data includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

The processing takes place on the basis of Art. 6 Para. 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as necessary is required for the establishment and fulfillment of the contract. We only disclose the data to third parties in the context of delivery, payment or in the context of legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment).

Users can optionally create a user account in which they can see their orders in particular. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 Paragraph 1 lit. c GDPR. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is up to the users to save their data in the event of termination before the end of the contract.

As part of the registration and renewed logins as well as the use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the user in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.

The deletion takes place after the expiry of statutory warranty and comparable obligations, the need to store the data is checked every three years; In the case of the statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

 

 

Brokerage services

 

We process the data of our customers, clients and interested parties (uniformly referred to as customers) in accordance with Art. 6 Paragraph 1 lit. b. GDPR in order to provide you with our contractual or pre-contractual services. The data processed, the type, scope and purpose and the necessity of their processing are determined by the underlying order. This basically includes inventory and master data of the customers (name, address, etc.), as well as the contact details (e-mail address, telephone, etc.), the contract data (content of the order, fees, duration, information about the mediated companies / Insurers / services) and payment data (commissions, payment history, etc.). We can also process the information on the properties and circumstances of people or things belonging to them, if this is part of our order. This can be, for example, information on personal living conditions, mobile or immobile property.
As part of our commissioning, it may also be necessary for us to process special categories of data in accordance with Art. 9 Paragraph 1 GDPR, in particular information on the health of a person. To this end, if necessary, we obtain the express consent of the customer in accordance with Article 6 (1) (a), Article 7, Article 9 (2) (a) GDPR.
If necessary for the fulfillment of the contract or by law, we disclose or transmit the data of the customers in the context of coverage inquiries, conclusion and processing of contracts data to providers of the mediated services / objects, insurers, reinsurers, broker pools, technical service providers, other service providers, such as cooperating Associations, as well as financial service providers, credit institutions and capital investment companies as well as social security agencies, tax authorities, tax advisors, legal advisers, auditors, insurance ombudsmen and the institutions of the Federal Financial Supervisory Authority (BaFin). We can also commission subcontractors, such as sub-agents. We obtain the consent of the customer if this is required for disclosure / transmission of the customer's consent (which can be the case, for example, in the case of special categories of data in accordance with Art. 9 GDPR).
The data will be deleted after the expiry of statutory warranty and comparable obligations, whereby the need to store the data is checked every three years; Otherwise, the statutory retention requirements apply.
In the case of the legal archiving obligations, the deletion takes place after their expiry. According to German law in the insurance and financial sector, advisory logs for 5 years, broker contract notes for 7 years and broker contracts for 5 years and generally 6 years for documents relevant to commercial law and 10 years for documents relevant to tax law are required to be retained.

 

Contact

 

When contacting us (e.g. via contact form, email, telephone or via social media), the information provided by the user is used to process the contact request and to process it in accordance with Article 6 Paragraph 1 lit. (within the framework of contractual / pre-contractual relationships), Art. 6 Paragraph 1 lit. f. (other inquiries) GDPR processed .. The information provided by users can be processed in a customer relationship management system ("CRM system") or a comparable inquiry organization get saved.

We delete the inquiries if they are no longer required. We review the requirement every two years; The statutory archiving obligations also apply.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke

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