Privacy policy
This privacy policy explains the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles (hereinafter jointly referred to as "online offering"). 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).
Person responsible
Eugen Benoev, Vitali Haar GbR
Kreuzbergstr. 22
50226 Frechen
https://www.benexx.net/imprint
Types of data processed:
- Inventory data (e.g., names, addresses)
- Contact data (e.g., email, telephone numbers)
- Content data (e.g., text entries, 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 (hereinafter we refer to the data subjects collectively as “users”).
Purpose of data processing:
- Provision of the online offer, its functions and content
- Answering contact requests and communicating with users
- Security measures
- Reach measurement/marketing
Terms used
“Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is considered identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more special characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" is any operation or set of operations carried out with or without the aid of automated procedures in connection with personal data. The term is broad and covers practically every handling of data.
"Pseudonymisation" 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 is not assigned to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
The “controller” is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing personal data.
“Processor” is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal bases 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 (1) (a) and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
Security measures
In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.
The measures include in particular ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, securing availability and separation of data. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and response to data threats. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).
Cooperation with processors and third parties
If, as part of our processing, we disclose data to other people and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if transmission of the data to third parties, such as payment service providers, is necessary to fulfill the contract in accordance with Art. 6 Para. 1 lit. b GDPR), 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 a so-called "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 occurs in the context of the use of third-party services or disclosure or transmission of data to third parties, this only occurs if it is done to fulfill our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of the data subjects
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.
According to Art. 16 GDPR, you have the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.
In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR.
You have the right to request that the data concerning you that you have made available to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.
Right of withdrawal
You have the right to withdraw consent granted in accordance with Art. 7 Paragraph 3 GDPR with effect for the future
Right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.
Deletion of data
The data we process is deleted or restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us is deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. 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 retained for commercial or tax reasons.
According to legal requirements in Germany, the storage period is in particular for 10 years in accordance with Sections 147 Para. 1 AO, 257 Para. 1 No. 1 and 4, Para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 Para. 1 No. 2 and 3, Para. 4 HGB (commercial letters).
According to legal requirements in Austria, the storage period is in particular for 7 years in accordance with Section 132 Para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenditure, 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 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 matter of the contract, term, customer category).
- Payment data (e.g., bank details, payment history)
from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Newsletter
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.
Contents of the newsletter: We only send newsletters, emails and other electronic notifications with advertising information (hereinafter "newsletter") with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. In addition, our newsletters contain information about our services and us.
Double opt-in and logging: Registration for our newsletter takes place using a so-called double opt-in process. This means that after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can register with someone else's email address. Registrations for the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
Registration data: To register for the newsletter, it is sufficient if you provide your email address. Optionally, we ask you to provide a name for the purpose of personal address in the newsletter.
The newsletter is sent and the associated success measurement is based on the consent of the recipient in accordance with Art. 6 Para. 1 lit. a, Art. 7 GDPR in conjunction with Section 7 Para. 2 No. 3 UWG or, if consent is not required, on the basis of our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lit. f. GDPR in conjunction with Section 7 Para. 3 UWG.
The registration process is logged on the basis of our legitimate interests in accordance with Art. 6 Para. 1 lit. f. GDPR. We are interested in using a user-friendly and secure newsletter system that serves both our business interests and meets the expectations of users and also allows us to provide evidence of consent.
Cancellation/Revocation - You can cancel your subscription to our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We can store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to provide evidence of previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time.
Newsletter - service provider
The newsletter is sent using the shipping service provider [NAME, ADDRESS, COUNTRY]. You can view the shipping service provider's data protection provisions here: [LINK TO THE DATA PROTECTION PROVISIONS]. The shipping service provider is used on the basis of our legitimate interests in accordance with Art. 6 (1) (f) GDPR and a data processing agreement in accordance with Art. 28 (3) sentence 1 GDPR.
The shipping service provider can use the recipients' data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. for the technical optimization of the sending and presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them themselves or to pass the data on to third parties.
Newsletter – measuring success
The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened, or if we use a shipping service provider, from its server. As part of this retrieval, technical information such as information about the browser and your system, as well as your IP address and the time of retrieval, is initially collected.
This information is used to technically improve the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined using the IP address) or the access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our aim nor, if used, that of the shipping service provider, to monitor individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
Hosting and email sending
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email sending, security services and technical maintenance services that we use for the purpose of operating this online offer.
We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of order processing contract).
Collection of access data and log files
We, or our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) based on our legitimate interests within the meaning of Art. 6 Paragraph 1 Letter f. GDPR. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
Google Tag Manager
Google Tag Manager is a solution that allows us to 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 users. With regard to the processing of users' personal data, reference is made to the following information on Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.
Google AdWords and conversion measurement
We use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google") on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR).
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 in the Google advertising network (e.g., in search results, in videos, on websites, etc.) so that they are shown to users who are likely to be interested in the ads. This allows us to display ads for and within our online offering in a more targeted manner in order to only present users with ads that potentially match their interests. If, for example, a user is shown ads for products in which they were interested on other online offerings, this is referred to as “remarketing”. For these purposes, when you visit our website and other websites on which the Google advertising network is active, Google immediately executes a code from Google and so-called (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 saved on the user's device (comparable technologies can also be used instead of cookies). This file records which websites the user has visited, which content he is interested in and which offers the user has clicked on, as well as technical information about the browser and operating system, referring websites, time of visit and other information about the use of the online offer.
We also receive an individual "conversion cookie". The information obtained with the help of the cookie is used by Google to create conversion statistics for us. However, we only find out the anonymous total number of 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 can be used to personally identify users.
Users' data is processed pseudonymously within the Google advertising network. This means that Google does not store and process the name or email address of users, for example, but processes the relevant data in a cookie-related manner within pseudonymous user profiles. This means that from Google's point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie owner, regardless of who this cookie owner is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google's servers in the USA.
You can find more information about Google's use of data, setting options and objection options in Google's privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
Facebook Pixel, Custom Audiences and Facebook Conversion
Due to our legitimate interests in the analysis, optimization and economic operation of our online offering 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 offering.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance 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 to our online offering as a target group for the display of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to only display the Facebook ads we place to Facebook users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined based on the websites visited) that we transmit to Facebook (so-called “custom audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interests of users and do not appear annoying. With the help of the Facebook pixel, we can also track the effectiveness of Facebook advertisements for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook advertisement (so-called “conversion”).
The processing of data by Facebook takes place within the framework of Facebook’s data usage policy. Accordingly, general information on the display of Facebook ads can be found in Facebook's data usage policy: https://www.facebook.com/policy.php. Specific information and details on the Facebook pixel and how it works can be found in the Facebook help section: https://www.facebook.com/business/help/651294705016616.
You can object to the collection by the Facebook pixel and the use of your data to display Facebook ads. To set which types of advertisements are displayed to you within Facebook, you can visit the page set up by Facebook and follow the instructions on the settings for usage-based advertising: 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 can also object to the use of cookies that are used for reach 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/).
Online presences in social media
We maintain online presences within social networks and platforms in order to communicate with customers, interested parties and users active there and to inform them about our services. When you access the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
Integration of third-party services and content
We use content or service offers from third parties within our online offering on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR) in order to integrate their content and services, such as videos or fonts (hereinafter referred to uniformly as "content").
This always requires that the third-party providers of this content perceive the IP address of the users, since without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, time of visit 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 "YouTube" platform 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 "Google Maps" service of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed can include in particular IP addresses and location data of the users, which, however, are not collected without their consent (usually carried out as part of the settings of their mobile devices). The data may be processed in the USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.