[:es]This data protection declaration explains to you 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 contents as well as external online presences, e.g. our social media profile (hereinafter jointly referred to as „online offer“). Regarding the terms used, such as „processing“ or „person responsible“, we refer to the definitions in Art. 4 of the Basic Data Protection Ordinance (DSGVO).
1. Person Responsible
Stefan Lang
BIKEHOME e.K.
Nackter Weg 10 c
D-67311 Tiefenthal
e-mail: kontakt@bikehome.com
2. Types of data processed
• Inventory data (e.g. names, addresses).
• Contact information (e.g. e-mail, telephone numbers).
• Content data (e.g. text input, photographs, videos).
• Usage data (e.g. websites visited, interest in content, access times).
• Meta/communication data (e.g. device information, IP addresses).
3. Categories of persons concerned
Visitors and users of the online offer (hereinafter referred to as „users“).
4. Purpose of the processing
• Provision of the online offer, its functions and contents
• Answering contact inquiries and communication with users
• Security measures
• Range measurement/marketing
5. Terms used
Personal Information
„Personal data“ means any information relating to an identified or identifiable natural person (hereinafter referred to as „data subject“); an identifiable natural person is one who can be identified directly or indirectly, in particular by assignment to an identification such as a name, an identification number, location data, an online identification (e.g. cookie) or to one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
Craftsmanship
„Craftsmanship“ means any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data. The term goes a long way and covers practically every handling of data.
Pseudonymisation
„Pseudonymisation“ means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Profiling
„Profiling“ means any automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location, or relocation of that natural person.
Person Responsible
„Responsible“ means the natural or legal person, authority, institution, or other body that alone or together with others decides on the purposes and means of processing personal data.
Contract processor
„Processor“ means a natural or legal person, authority, institution, or other body processing personal data on behalf of the controller.
6. Authoritative legal bases
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consents is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the performance of our services and performance of contractual measures as well as for answering inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) DSGVO serves as the legal basis.
7. Security measures
We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, implementation costs and the nature, scope, circumstances, and purposes of processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons, in accordance with Art. 32 DSGVO.
Such measures shall, in particular, include ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and its separation. Furthermore, we have established procedures to ensure the exercise of rights of data subjects, deletion of data and reaction to the endangerment of data. 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 presenting (Art. 25 DSGVO).
8. 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 it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is required for contract fulfilment pursuant to Art. 6 Para. 1 lit. b DSGVO), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called „order processing contract“, this is done on the basis of Art. 28 DSGVO.
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 occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only take place if this is done to fulfil our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the special requirements of Art. 44 ff. Process DSGVO. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to the EU (e.g. for the USA by the „Privacy Shield“) or compliance with officially recognised special contractual obligations (so-called „standard contractual clauses“).
9. Rights of data subjects
You have the right to request confirmation as to whether the data concerned are being processed and to request information about these data as well as further information and a copy of the data in accordance with Art. 15 DSGVO.
They have correspondingly. In accordance with Article 16 of the DSBER, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.
In accordance with Art. 17 DSGVO, you have the right to demand that relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with Art. 18 DSGVO.
You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 DSGVO and to request its transmission to other persons responsible.
In accordance with Art. 77 DSGVO, they also have the right to file a complaint with the competent supervisory authority.
Right of revocation
You have the right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO with effect for the future.
Right of objection
You can object to the future processing of the data concerning you in accordance with Art. 21 DSGVO at any time. The objection may be lodged in particular against processing for direct marketing purposes.
Cookies and right of objection to direct advertising
¨Cookies“ are small files that are stored on the user’s computer. Different data can be stored in 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 his or her 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. In such a cookie, for example, the content of a shopping basket in an online shop or a login status can be stored. 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 when users visit it after several days. Likewise, the interests of users used for range measurement or marketing purposes may be stored in such a cookie. 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 its cookies, they are referred to as „first-party cookies“).
We may use temporary and permanent cookies and clarify this within the framework 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. Stored 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 declared for many of the services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.
10. Deletion of data
The data processed by us will be deleted or their processing restricted in accordance with Articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
According to legal requirements in Germany, the storage is carried out in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).
In accordance with legal requirements in Austria, storage is carried out in particular for 7 years in accordance with § 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
11. Business-related processing
Additionally, we process:
– Contract data (e.g. subject matter of the contract, duration, customer category)
– Payment data (e.g. bank details, payment history)
from 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
We process the data of our customers in the context of the order processes in our online shop to enable you 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 operating an online shop, billing, delivery, and customer services.
Processing is carried out on the basis of Art. 6 Para. 1 lit. b (execution of order processes) and c (legally required archiving) DSGVO. The information marked as necessary is required to establish and fulfil the contract. We disclose the data to third parties only within the framework of delivery, payment or within the framework of legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer’s request upon delivery or payment).
The deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of data storage is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation).
When contacting us (e.g. via contact form, e-mail, telephone, or social media), the user’s details are processed for processing the contact enquiry and its processing in accordance with Art. 6 para. 1 lit. b) DSGVO. User information can be stored in a customer relationship management system („CRM system“) or comparable request organization.
We delete the requests if they are no longer necessary. We review this requirement every two years; the statutory archiving obligations also apply.
12. Google Tag Manager
Google Tag Manager is a solution with which we can manage so-called website tags via an interface (and thus integrate Google Analytics and other Google marketing services into our online offering, for example). The Tag Manager itself (which implements the tags) does not process any personal data of the users. Regarding the processing of users‘ personal data, reference is made to the following information on the Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.
13. Google Analytics
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation, and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) Google Analytics, a web analysis service of Google LLC („Google“). Google uses cookies. The information generated by the cookie about the use of the online offer by users is generally transferred to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
Further information on data use by Google, possible settings and objections can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
Users‘ personal data will be deleted or made anonymous after 14 months.
Google Universal Analytics
We use Google Analytics in its design as „Universal Analytics“. „Universal Analytics“ refers to a process by Google Analytics in which the user analysis is based on a pseudonymous user ID and a pseudonymous profile of the user with information from the use of various devices is created (so-called „cross-device tracking“). Target group formation with Google Analytics
We use Google Analytics to display the ads placed by Google and its partners within advertising services only to users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are determined by the web pages visited) that we transmit to Google (so-called „remarketing“ or „Google Analytics Audiences“). With the help of remarketing audiences, we would also like to ensure that our ads correspond to the potential interest of the users.
14. Google AdWords and Conversion measurement
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation, and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, („Google“).
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the online marketing process Google „AdWords“ to place ads on the Google Advertising Network (e.g. in search results, videos, on websites, etc.) so that they are displayed to users who have a presumed interest in the ads. This allows us to display ads for and within our online offer more specifically in order to present users only ads that potentially correspond to their interests. For example, if a user sees ads for products in which he is interested in other online offers, this is referred to as „remarketing“. For these purposes, when our and other websites on which the Google Advertising Network is active are accessed, Google directly executes a code from Google and (re)marketing tags (invisible graphics or code, also known as „web beacons“) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). In this file it is noted which websites the user visits, which contents he is interested in and which offers the user has clicked on, technical information on the browser and operating system, referring websites, visiting time and further information on the use of the online offer.
We also receive an individual „conversion cookie“. The information collected with the help of cookies is used by Google to generate conversion statistics for us. However, we only see the total number of anonymous users who clicked on our ad and were redirected to a page with a conversion tracking tag. However, we do not receive any information that personally identifies users.
User data is processed pseudonymously within the Google advertising network. This means, for example, that Google does not store and process the names or e-mail addresses of users but processes the relevant data cookie-related within pseudonymous user profiles. From Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected about the users is transmitted to Google and stored on Google’s servers in the USA.
Further information on data use by Google, possible settings and objections can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
15. Facebook pixels, custom audiences and Facebook conversion
Due to our legitimate interests in the analysis, optimisation and economic operation of our online offer and for these purposes the so-called „Facebook pixel“ of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are based in the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland („Facebook“), is used within our online offer.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
With the help of the Facebook pixel, Facebook is able to determine the visitors of our online offer as a target group for the presentation of ads (so-called „Facebook ads“). Accordingly, we use the Facebook pixel to display the Facebook ads we post only to Facebook users who have also shown an interest in our online offering or who have certain features (e.g. interests in certain topics or products that are determined by the websites visited) that we transmit to Facebook (so-called „custom audiences“). We also want to use the Facebook pixel to ensure that our Facebook ads meet the potential interest of users and are not a nuisance. The Facebook pixel also helps us understand the effectiveness of Facebook ads for statistical and market research purposes by showing whether users have been redirected to our website after clicking on a Facebook ad (so-called „conversion“).
Facebook processes the data in accordance with Facebook’s Data Usage Policy. Accordingly, general information on the display of Facebook ads can be found in the Facebook Data Usage Policy: https://www.facebook.com/policy.php. For specific information and details about the Facebook pixel and how it works, please visit the Facebook Help section: https://www.facebook.com/business/help/651294705016616.
You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To set what types of ads you see on Facebook, you can visit the page set up by Facebook and follow the instructions on usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
You may also object to the use of cookies for range measurement and advertising purposes via the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/) and additionally the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
16. Integration of third-party services and content
Within our online offer, we make no representations or warranties of any kind based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) content or service offerings of third parties to incorporate their content and services, such as videos or fonts (hereinafter uniformly referred to as „content“).
This always presupposes that the third-party providers of this content perceive the IP address of the users since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We make every effort to use only those contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers may also use so-called pixel tags (invisible graphics, also known as „web beacons“) for statistical or marketing purposes. Pixel tags“ can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as be linked to such information from other sources.
YouTube
We integrate the videos of the platform „YouTube“ of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Privacy Policy: https://www.google.com/policies/privacy/
Opt-Out: https://adssettings.google.com/authenticated.
Google Maps
We integrate the maps of the service „Google Maps“ of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include in particular IP addresses and location data of the users, which, however, are not collected without their consent (as a rule within the framework of the settings of their mobile devices). The data can be processed in the USA.
Privacy Policy: https://www.google.com/policies/privacy/
Opt-Out: https://adssettings.google.com/authenticated.
17. Use of Hotjar
This website uses Hotjar, a web analytics tool from the company Hotjar Ltd, Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe, to record randomly selected visits to the website (only with anonymised IP addresses). It produces a protocol of the mouse movements and clicks that are made on the site, with the intention of deriving improvements for it. The information it gathers cannot be attributed to individual users and it is not passed on to any third parties. If you do not wish your visit to the site to be recorded in this way, you can deactivate Hotjar at the following link: https://www.hotjar.com/opt-out.
BIKEHOME e.K.
Nackter Weg 10 c
D-67311 Tiefenthal
e-mail: kontakt@bikehome.com
Date: 25.05.2018
Created with Datenschutz-Generator.de by RA Dr Thomas Schwenke[:]