Data Protection Declaration
1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1
We are pleased that you are visiting our website and thank you for your
interest. On the following pages, we inform you about the handling of
your personal data when using our website. Personal data is all data
with which you can be personally identified.
1.2 The controller in
charge of data processing on this website, within the meaning of the
General Data Protection Regulation (GDPR), is Plan Concept GmbH, Ruhrau
66, 45279 Essen, Deutschland, Tel.: +49(0)201 / 853260, Fax: +49(0)201 /
8532699, E-Mail: mahle-int@werbeartikel.tv. The controller in charge of
the processing of personal data is the natural or legal person who
alone or jointly with others determines the purposes and means of the
processing of personal data.
1.3 The controller has designated a data
protection officer for this website. He can be reached as follows:
"Plan Concept GmbH, Ruhrau 66, 45279 Essen, datenschutz@werbeartikel.tv"
1.4
This website uses SSL or TLS encryption for security reasons and to
protect the transmission of personal data and other confidential content
(e.g. orders or inquiries to the controller). You can recognize an
encrypted connection by the character string https:// and the lock
symbol in your browser line.
2) Data Collection When You Visit Our Website
When
using our website for information only, i.e. if you do not register or
otherwise provide us with information, we only collect data that your
browser transmits to our server (so-called "server log files"). When you
visit our website, we collect the following data that is technically
necessary for us to display the website to you:
- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Data
processing is carried out in accordance with Art. 6 (1) point f GDPR on
the basis of our legitimate interest in improving the stability and
functionality of our website. The data will not be passed on or used in
any other way. However, we reserve the right to check the server log
files subsequently, if there are any concrete indications of illegal
use.
3) Cookies
To make visiting our website attractive and to
enable the use of certain functions, we use so-called cookies on
various pages. These are small text files that are stored on your end
device. Some of the cookies we use are deleted after the end of the
browser session, i.e. after closing your browser (so-called session
cookies). Other cookies remain on your terminal and enable us or our
partner companies (third-party cookies) to recognize your browser on
your next visit (persistent cookies). If cookies are set, they collect
and process specific user information such as browser and location data
as well as IP address values according to individual requirements.
Persistent cookies are automatically deleted after a specified period,
which may vary depending on the cookie. You can check the duration of
the respective cookie storage in the overview of the cookie settings of
your web browser.
In some cases, cookies are used to simplify the
ordering process by saving settings (e.g. remembering the content of a
virtual shopping basket for a later visit to the website). If personal
data are also processed by individual cookies set by us, the processing
is carried out in accordance with Art. 6 (1) point b GDPR either for the
execution of the contract or in accordance with Art. 6 (1) point f GDPR
to safeguard our legitimate interests in the best possible
functionality of the website and a customer-friendly and effective
design of the page visit.
Please note that you can set your browser
in such a way that you are informed about the setting of cookies and you
can decide individually about their acceptance or exclude the
acceptance of cookies for certain cases or generally. Each browser
differs in the way it manages the cookie settings. This is described in
the help menu of each browser, which explains how you can change your
cookie settings. You will find these for the respective browsers under
the following links:
- Internet Explorer: https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d
- Firefox: https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop
- Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en
- Safari: https://support.apple.com/en-gb/guide/safari/sfri11471/mac
- Opera: https://help.opera.com/en/latest/web-preferences/#cookies
Please note that the functionality of our website may be limited if cookies are not accepted.
4) Contacting Us
When
you contact us (e.g. via contact form or e-mail), personal data is
collected. Which data is collected in the case of a contact form can be
seen from the respective contact form. This data is stored and used
exclusively for the purpose of responding to your request or for
establishing contact and for the associated technical administration.
The legal basis for processing data is our legitimate interest in
responding to your request in accordance with Art. 6 (1) point f GDPR.
If your contact is aimed at concluding a contract, the additional legal
basis for the processing is Art. 6 (1) point b GDPR. Your data will be
deleted after final processing of your enquiry; this is the case if it
can be inferred from the circumstances that the facts in question have
been finally clarified, provided there are no legal storage obligations
to the contrary.
5) Data Processing When Opening a Customer Account and for Contract Processing
Pursuant
to Art. 6 (1) point b GDPR, personal data will continue to be collected
and processed to the extent required in each case if you provide us
with this data when opening a customer account. The data required for
opening an account can be found in the input mask of the corresponding
form on our website. Deletion of your customer account is possible at
any time and can be done by sending a message to the above address of
the person responsible. After deletion of your customer account, your
data will be deleted, provided that all contracts concluded via it have
been fully processed, no legal retention periods are opposed and no
legitimate interest on our part in the continued storage exists.
6) Processing of Data for the Purpose of Order Handling
6.1
Insofar as necessary for the processing of the contract for delivery
and payment purposes, the personal data collected by us will be passed
on to the commissioned transport company and the commissioned credit
institution in accordance with Art. 6 (1) lit. b GDPR.
If we owe you
updates for goods with digital elements or for digital products on the
basis of a corresponding contract, we will process the contact data
(name, address, e-mail address) provided by you when placing the order
in order to inform you personally by suitable means of communication
(e.g. by post or e-mail) about upcoming updates within the legally
stipulated period of time within the framework of our statutory duty to
inform pursuant to Art. 6 (1) lit. c GDPR. Your contact details will be
used strictly for the purpose of informing you about updates owed by us
and will only be processed by us for this purpose to the extent
necessary for the respective information.
In order to process your
order, we also work together with the following service provider(s), who
support us in whole or in part in the execution of concluded contracts.
Certain personal data is transmitted to these service providers in
accordance with the following information.
6.2 Passing on Personal Data to Shipping Service Providers
- DHL
If
delivery of goods takes place by the transport service provider DHL
(Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn), we will
pass on your e-mail address to DHL in accordance with Art. 6 (1) point a
GDPR, prior to delivery of the goods, for the purpose of coordinating a
date of delivery or of a notice about the shipment status, only if you
have given your express consent during the ordering process. Otherwise,
only the name of the recipient and the delivery address will be passed
on to DHL for the purpose of delivery in accordance with Art. 6 (1)
point b GDPR. The data will only be passed on if this is necessary for
the delivery of the goods. In this case, prior agreement on the delivery
date with DHL or transmission of status information for shipment
delivery is not possible.
The consent can be revoked for future
deliveries at any time, either with the controller or with the transport
service provider DHL.
- UPS
If delivery of goods takes place by
the transport service UPS (United Parcel Service Deutschland Inc. &
Co. OHG, Görlitzer Straße 1, 41460 Neuss), we will pass on your e-mail
address to UPS in accordance with Art. 6 (1) point a GDPR, prior to
delivery of the goods, for the purpose of coordinating a date of
delivery or of a notice about the shipment status, if you have given
your express consent during the ordering process. Otherwise, only the
name of the recipient and the delivery address will be passed on to UPS
for the purpose of delivery in accordance with Art. 6 (1) point b GDPR.
The data will only be passed on if this is necessary for the delivery of
the goods. In this case, prior agreement on the delivery date with UPS
or transmission of status information for shipment delivery is not
possible.
The consent can be revoked for future deliveries at any
time, either with the controller or with the transport service provider
UPS.
6.3 Use of Payment Service Providers
- PAYONE
If you
decide on a payment method of the payment service provider BS PAYONE,
payment is processed by the payment service provider PAYONE GmbH, Lyoner
Straße 9, 60528 Frankfurt/Main, Germany, to whom we pass on your
information provided during the order process together with the
information about your order in accordance with Art. 6 (1) point b GDPR.
Your data will only be passed on for the purpose of payment processing
with the payment service provider PAYONE and only to the extent
necessary.
7) Rights of the Data Subject
7.1 The applicable
data protection law grants you the following comprehensive rights of
data subjects (rights of information and intervention) vis-à-vis the
data controller with regard to the processing of your personal data:
-
Right of access by the data subject pursuant to Art. 15 GDPR: You shall
have the right to receive the following information: The personal data
processed by us; the purposes of the processing; the categories of
processed personal data; the recipients or categories of recipients to
whom the personal data have been or will be disclosed; the envisaged
period for which the personal data will be stored, or, if not possible,
the criteria used to determine that period; the existence of the right
to request from the controller rectification or erasure of personal data
or restriction of processing personal data concerning the data subject
or to object to such processing; the right to lodge a complaint with a
supervisory authority; where the personal are not collected from the
data subject, any available information as to their source; the
existence of automated decision-making, including profiling and at least
in those cases, meaningful information about the logic involved, as
well as the significance and envisaged consequences of such processing
for the data subject; the appropriate safeguards pursuant to Article 46
when personal data is transferred to a third country.
- Right to
rectification pursuant to Art. 16 GDPR: You have the right to obtain
from the controller without undue delay the rectification of inaccurate
personal data concerning you and/or the right to have incomplete
personal data completed which are stored by us.
- Right to erasure
(“right to be forgotten”) pursuant to Art. 17 GDPR: You have the right
to obtain from the controller the erasure of personal data concerning
you if the conditions of Art. 17 (2) GDPR are fulfilled. However, this
right will not apply for exercising the freedom of expression and
information, for compliance with a legal obligation, for reasons of
public interest or for the establishment, exercise or defense of legal
claims.
- Right to restriction of processing pursuant to Art. 18
GDPR: You have the right to obtain from the controller restriction of
processing your personal data for the following reasons: As long as the
accuracy of your personal data contested by you will be verified. If you
oppose the erasure of your personal data because of unlawful processing
and you request the restriction of their use instead. If you require
the personal data for the establishment, exercise or defense of legal
claims, once we no longer need those data for the purposes of the
processing. If you have objected to processing on grounds relating to
your personal situation pending the verification whether our legitimate
grounds override your grounds.
- Right to be informed pursuant to
Art. 19 GDPR: If you have asserted the right of rectification, erasure
or restriction of processing against the controller, he is obliged to
communicate to each recipient to whom the personal date has been
disclosed any rectification or erasure of personal data or restriction
of processing, unless this proves impossible or involves
disproportionate effort. You have the right to be informed about those
recipients.
- Right to data portability pursuant to Art. 20 GDPR: You
shall have the right to receive the personal data concerning you, which
you have provided to us, in a structured, commonly used and
machine-readable format or to require that those data be transmitted to
another controller, where technically feasible.
- Right to withdraw a
given consent pursuant to Art. 7 (3) GDPR: You have the right to
withdraw your consent for the processing of personal data at any time
with effect for the future. In the event of withdrawal, we will
immediately erase the data concerned, unless further processing can be
based on a legal basis for processing without consent. The withdrawal of
consent shall not affect the lawfulness of processing based on consent
before its withdrawal.
- Right to lodge a complaint pursuant to Art.
77 GDPR: Without prejudice to any other administrative or judicial
remedy, you have the right to lodge a complaint with a supervisory
authority, in particular in the Member State of your habitual residence,
place of work or place of the alleged infringement if you consider that
the processing of personal data relating to you infringes the GDPR.
7.2 RIGHT TO OBJECT
IF,
WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR
PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU
HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR
THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF
YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA
CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN
PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH
OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE
PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE
PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE
RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA
WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE
OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
8) Duration of Storage of Personal Data
The
duration of the storage of personal data is based on the respective
legal basis, the purpose of processing and - if relevant – on the
respective legal retention period (e.g. commercial and tax retention
periods).
If personal data is processed on the basis of an express
consent pursuant to Art. 6 (1) point a GDPR, this data is stored until
the data subject revokes his consent.
If there are legal storage
periods for data that is processed within the framework of legal or
similar obligations on the basis of Art. 6 (1) point b GDPR, this data
will be routinely deleted after expiry of the storage periods if it is
no longer necessary for the fulfillment of the contract or the
initiation of the contract and/or if we no longer have a justified
interest in further storage.
When processing personal data on the
basis of Art. 6 (1) point f GDPR, this data is stored until the data
subject exercises his right of objection in accordance with Art. 21 (1)
GDPR, unless we can provide compelling grounds for processing worthy of
protection which outweigh the interests, rights and freedoms of the data
subject, or the processing serves to assert, exercise or defend legal
claims.
If personal data is processed for the purpose of direct
marketing on the basis of Art. 6 (1) point f GDPR, this data is stored
until the data subject exercises his right of objection pursuant to Art.
21 (2) GDPR.
Unless otherwise stated in the information contained in
this declaration on specific processing situations, stored personal
data will be deleted if it is no longer necessary for the purposes for
which it was collected or otherwise processed.