Thank you for your interest in our homepage and our company. The protection of your personal data is our highest priority, therefore we would like to inform you below about how Smarketer GmbH (hereinafter Smarketer) collects, uses, stores, passes on and protects your data.
- responsible according to DSGVO
Responsible in the sense of the basic data protection regulation
Smarketer GmbH, Alte Jakobstraße 83/84, 10179 Berlin – Germany
Phone: +49 30 96 53 51 98 8
2.general information on data processing
We take the protection of your personal data very seriously. Therefore, we process them exclusively in accordance with the Data Protection Basic Regulation (DSGVO) and other national data protection laws. This is necessary to provide a functional website. It also enables us to provide you with our contents and services.
A processing of personal data occurs in principle, if you have given your consent. An exception to this is only made if consent cannot be obtained for factual reasons and if legal regulations permit data processing.
Data processing is only carried out to the extent that it is lawful. Legitimacy exists if at least one of the conditions listed in Art. 6 para. 1 DSGVO is fulfilled. We delete your data as soon as the purpose of storage no longer applies or a period of time prescribed by law (usually 7 days) has expired. You have the opportunity to object to data processing with effect for the future at any time. To do so, please send us a written declaration of cancellation in writing by post or email.
Our offer is not directed at children under 13 years of age and we do not knowingly collect data from children under 13 years of age. If, when collecting the data, we determine that this is the data of a child under 13, we will not process or retain it without the consent of a parent or guardian. However, if we have ever processed a child’s information, we will make every effort to remove that information from our systems.
When you visit our website, our system automatically collects data and information from your computer system. The following data is collected:
- Browser types and versions used,
- the operating system used by the accessing system,
- the website from which an accessing system accesses our website (so-called referrer),
- the sub-websites which are accessed via an accessing system on our website,
- the date and time of access to the website,
- a shortened Internet Protocol address (anonymised IP address),
- the Internet service provider of the accessing system.
This data is stored in the log files of our system. This data is not stored together with other personal data.
The storage in the log files is done to ensure the functionality of our website. Furthermore, we can use the data to optimize our website and ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f) DSGVO. The stored data is deleted as soon as its purpose has been fulfilled. If the data is collected to provide the website, its purpose is achieved when the session is ended. Since the collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website, there is no possibility for you to object.
We use so-called “cookies” on our website. These are text files that are stored on your end device. Some of the cookies we use, so-called session cookies, are deleted directly when you close your browser, i.e. when you end the session. Other cookies are still stored on your terminal device and enable us and our third-party providers to recognize your browser the next time you visit our website (persistent cookies). Set cookies are processed to an individual extent and collect data such as browser and location data and IP address values. Persistent cookies are automatically deleted after a specified period of time.
Cookies serve to make your visit to our website attractive and to enable the use of certain functions. Insofar as the cookies we set process personal data, the processing is carried out lawfully in accordance with Art. 6 Para. 1 lit. b) DSGVO either for contractual purposes or in accordance with Art. 6 Para. 1 lit. f) DSGVO to safeguard our legitimate interests in a user-friendly website.
You can find out more about the cookies collected by third-party providers and the respective type and scope of data processing below (see 5, 6 and 7).
In order to prevent cookies from being set, you can set your browser so that you are informed when cookies are set and can decide individually whether to accept them or generally exclude the acceptance of cookies in certain cases. The type of browser setting is different for each browser. You will find a description of the cookie settings for the respective browser under the following links:
Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
Please note that the functionality of our website may be limited if cookies are not accepted.
- tracking and advertising
5.1 Google Analytics
We use Google Analytics, a web analysis service of Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). Google Analytics uses so-called “cookies”, text files which are stored on your end device and which enable an analysis of the use of the website. The information generated by the cookie such as:
- Browser type/version,
- Operating system used,
- Referrer URL (the previously visited page),
- Host name of the accessing computer (IP address),
- Time of the server request
are usually transferred to a Google server in the USA and stored there. IP anonymisation is activated on this website, which means that the IP address of Google’s users within member states of the European Union or in other contracting states of the Agreement on the European Economic Area is shortened beforehand. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate the use of the website by the users, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data. You can prevent the storage of cookies by adjusting your browser software accordingly. However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Disable Google Analytics
As an alternative to the browser add-on or within browsers on mobile devices, please click this link to prevent Google Analytics from collecting data within this website in the future (the opt out only works in this browser and only for this domain). An opt-out cookie will be placed on your device. If you delete your cookies in this browser, you have to click this link again.
5.2 Google Analytics Remarketing
We have integrated services from Google Remarketing on this website. Google Remarketing is a function of Google AdWords that enables a company to display advertising to Internet users who have previously visited the company’s website. The integration of Google Remarketing thus allows a company to create user-related advertising and thus to display interest-relevant advertisements to the Internet user.
The operating company of the Google Remarketing services is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The purpose of Google Remarketing is the display of interest-relevant advertising. Google Remarketing enables us to display advertisements via the Google advertising network or to have them displayed on other Internet sites that are tailored to the individual needs and interests of Internet users.
Google Remarketing places a cookie on your IT system of the person concerned. By setting the cookie, Google will be able to recognize the visitor to our website if he or she subsequently visits websites that are also members of the Google advertising network. Each time you visit a website on which the Google Remarketing service has been integrated, your internet browser automatically identifies itself to Google. Within the scope of this technical procedure, Google receives information about personal data such as your IP address or surfing behaviour, which Google uses, among other things, to display interest-relevant advertising.
By means of the cookie, personal information, for example the websites you visit, is stored. Whenever you visit our website, personal data, including your IP address, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.
You can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on your IT system. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Furthermore, you have the possibility to object to interest-based advertising by Google. To do this, you must call up the link www.google.de/settings/ads from every Internet browser you use and make the desired settings there.
In particular, such an evaluation is carried out in accordance with Art. 6 Para. 1 lit.f DS-GVO on the basis of our legitimate interest in the insertion of personalised advertising, market research and/or the needs-based design of its website.
Further information and the applicable data protection provisions of Google can be found at https://www.google.de/intl/de/policies/privacy/.
5.3 Google (AdWords) Remarketing
Our website uses the features of Google AdWords Remarketing, and we hereby promote this website in Google search results, as well as on third party websites. The provider is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). For this purpose, Google places a cookie in the browser of your device, which automatically enables interest-based advertising using a pseudonymous cookie ID and based on the pages you visit.
The processing is based on our legitimate interest in the optimal marketing of our website in accordance with Art. 6 para. 1 lit. f DS-GVO.
Any further data processing will only take place if you have agreed with Google that your internet and app browsing history will be linked by Google to your Google Account and that information from your Google Account will be used to personalize ads you view on the web. In this case, if you are logged in to Google while browsing our website, Google will use your information along with Google Analytics data to create and define target audience lists for cross-device remarketing. For this purpose, your personal data is temporarily linked by Google with Google Analytics data to form target groups.
You can permanently disable the setting of cookies for advertising preferences by downloading and installing the browser plug-in available at https://www.google.com/settings/ads/onweb/
Google LLC, based in the USA, is certified for the us European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.
Further information and the data protection regulations regarding advertising and Google can be found here: https://www.google.com/policies/technologies/ads/
5.4 Google AdWords with conversion tracking
We have integrated Google AdWords on this website. Google AdWords is an internet advertising service that allows advertisers to display ads in Google’s search engine results as well as in the Google advertising network. Google AdWords allows an advertiser to set pre-defined keywords that will display an ad in Google’s search engine results only when the user uses the search engine to retrieve a keyword-related search result. In the Google advertising network, the ads are distributed to topic-relevant web pages by means of an automatic algorithm and in accordance with the previously defined keywords.
The operating company of the Google AdWords services is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The purpose of Google AdWords is to advertise our website by displaying advertisements relevant to our interests on the websites of third-party companies and in the search engine results of the Google search engine, and to display third-party advertisements on our website.
If you reach our website via a Google ad, a so-called conversion cookie is stored on your IT system by Google. A conversion cookie loses its validity after thirty days and is not used for your identification. If the cookie has not expired, the conversion cookie is used to determine whether certain sub-pages, such as the shopping cart from an online shop system, have been accessed on our website. The conversion cookie enables both us and Google to track whether a user who came to our website via an AdWords ad generated sales, i.e. whether he or she made or abandoned a purchase.
The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive any information from Google that could be used to identify you.
By means of the conversion cookie, personal information, for example the internet pages you visit, is stored. Whenever you visit our website, personal data, including the IP address of the Internet connection you are using, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.
You can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on your IT system. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs.
You also have the option to opt-out of interest-based advertising by Google. To do so, you must call up the link www.google.de/settings/ads from the Internet browser you are using and make the desired settings there.
In particular, such an evaluation is carried out in accordance with Art. 6 Para. 1 lit.f DS-GVO on the basis of our legitimate interests in the display of personalised advertising, market research and/or needs-based design of its website.
Further information and the applicable data protection regulations of Google can be found at https://www.google.de/intl/de/policies/privacy/.
We use on our website Visual Website Optimizer (“VWO”), a web analytics service provided by Wingify, 14th Floor, KLJ Tower North, Netaji Subhash Place, Pitam Pura, Delhi 110034, India (“Wingify”).
You can prevent the storage of cookies by adjusting your browser accordingly as described above or delete cookies that have already been stored. In addition, you may object to the collection of data generated by the cookie and relating to your use of the website (including your anonymised IP address) to Wingify and the processing of this data at any time in the future by clicking on this link http://www.polyas.de?vwo_opt_out=1.
Further information on data protection can be found here: https://vwo.com/terms-conditions/.
- SSL/TLS Encryption
This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us as the operator. You can recognize an encrypted connection by the fact that the address line of your browser contains “https://” instead of “http://” and by the lock symbol in your browser line.
If the SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.
7.1 Google Maps
On our website we use Google Maps (API) from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Maps is a web service for displaying interactive (land) maps to visually present geographic information. By using this service, you can, for example, see our location and make it easier for you to find us.
Already when calling up those sub-pages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) is transmitted to Google servers in the USA and stored there. This happens regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you don’t want your profile to be associated with Google, you will need to log out of your Google Account. Google stores your data (even for users who are not logged in) as user profiles and evaluates them. In particular, such evaluation is carried out in accordance with Art. 6 Para. 1 lit.f DS-GVO on the basis of Google’s legitimate interest in the display of personalised advertising, market research and/or needs-based design of its website. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right.
Google LLC, with its registered office in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.
The use of Google Maps is in the interest of an attractive presentation of our online offers and easy findability of the places we have indicated on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DS-GVO.
7.2 Google Tag Manager
This website uses Google Tag Manager, a cookie-less domain that does not collect personal information.
This tool allows “website tags” (i.e. keywords that are embedded in HTML elements) to be implemented and managed through an interface. By using Google Tag Manager, we can automatically track which button, link or personalized image you have actively clicked on and can then record which contents of our website are particularly interesting for you.
The tool also triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If you have disabled it at the domain or cookie level, it will remain disabled for all tracking tags implemented with Google Tag Manager.
The use of Google Tag Manager is in the interest of a comfortable and easy use of our website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DS-GVO.
7.3 Google WebFonts
Our website uses so-called web fonts for the uniform display of fonts, which are provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.
To do this, the browser you use must connect to Google’s servers. This enables Google to know that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and attractive presentation of our website.
This constitutes a legitimate interest within the meaning of Art. 6 Para. 1 lit. f DS-GVO.
Google LLC with its registered office in the USA is certified for the us-European data protection agreement “Privacy Shield”, which guarantees compliance with the level of data protection applicable in the EU.
7.4 YouTube (videos)
We have integrated components from YouTube on this website. YouTube is an Internet video portal that allows video publishers to post video clips for free and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programmes, but also music videos, trailers or videos created by users themselves can be accessed via the Internet portal.
YouTube is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Each time you call up one of the individual pages of this website, which is operated by us and on which a YouTube component (YouTube video) has been integrated, the Internet browser on your IT system is automatically prompted by the respective YouTube component to download a display of the corresponding YouTube component from YouTube. More information about YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google are informed which specific subpage of our website you are visiting.
If the person concerned is logged on to YouTube at the same time, YouTube recognizes which specific page of our website you are visiting by calling up a subpage containing a YouTube video. This information is collected by YouTube and Google and assigned to your YouTube account.
YouTube and Google receive information via the YouTube component that you have visited our website whenever you are logged in to YouTube at the same time you access our website, regardless of whether you click on a YouTube video or not. If you do not want this information to be sent to YouTube and Google, you can prevent the transmission of this information by logging out of your YouTube account before you visit our website.
YouTube is used in the interest of convenient and simple use of our website. This represents a legitimate interest in the sense of Art. 6 Para. 1 lit. f DS-GVO.
The data protection provisions published by YouTube, which can be accessed at https://www.google.de/intl/de/policies/privacy/, provide information on the collection, processing and use of personal data by YouTube and Google.
- social media
Please note that user data may be processed outside the territory of the European Union. This may result in risks for the users, because, for example, the enforcement of the users’ rights could be made more difficult. With regard to US providers certified under the Privacy Shield, we would like to point out that they thereby undertake to comply with the data protection standards of the EU.
Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from the user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the usage behaviour and interests of the users are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of users’ personal data is based on our legitimate interests in effective user information and communication with users in accordance with Art. 6 Para. 1 lit. f. DSGVO. If the users are asked by the respective providers of the platforms to give their consent to the aforementioned data processing, the legal basis of the processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.
8.1 Provider / responsible person
Smarketer GmbH as the responsible company and provider of the contents of our online presence, you can find our imprint information on the respective fan page.
If you communicate directly with us via our fan pages or share personal content with us, Smarketer is responsible for processing your data.
8.2 Which data is collected?
When you visit our fan pages, Smarketer generally collects all messages, content and other information that you directly communicate with us there, for example when you post something on a fan page or send us a private message. If you have an account with the social network in question, we can of course see your public information, such as your username, information in your public profile and content you share with a public audience.
Facebook Page Insights
With the help of Page Insights, we obtain information about how our fan pages are used, what interests visitors to our fan pages have and which topics and content are particularly popular. This allows us to optimize our fan page activities, for example, by being able to better respond to the interests and usage habits of our audience when planning and selecting our content.
Smarketer GmbH and Facebook are jointly responsible for processing your data for the provision of page insights. For this purpose, it is determined which company fulfils which data protection obligations in accordance with the DSGVO with regard to the processing of Page-Insights data.
Further information about page insights
The agreement with Facebook can be viewed here: https://www.facebook.com/legal/terms/page_controller_addendum
Facebook has summarized the main contents of this agreement (including a list of Page Insights data) for you here: https://www.facebook.com/legal/terms/information_about_page_insights_data
Insofar as you have consented to the creation of page views vis-à-vis Facebook as described above, the legal basis is Article 6 paragraph 1 letter a DSGVO (consent). Otherwise, the legal basis is Article 6 paragraph 1 letter f DSGVO, whereby our legitimate interests lie in the above-mentioned purposes.
8.3 Opt Out
Your described data protection rights naturally also exist with regard to the processing of your data in connection with our fan pages. You can object to the collection and use of your data.
For the processing of your data together with our online presences, it is agreed that they are primarily responsible for providing you with information on the processing of your data and for enabling you to exercise your data protection rights (e.g. right of objection) to which you are entitled under the DSGVO.
For a detailed presentation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.
Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. Should you nevertheless need help, please contact us.
Opt Out: https://www.facebook.com/settings?tab=ads and https://www.youronlinechoices.com, Privacy
Note: The settings will store an “Opt-Out” cookie on your device. If you delete the cookies in this browser, you will have to make this setting again. Furthermore, the opt-out only applies within the browser you are using and only within our web domain on which the link was clicked.
- e-mail contact
On our website there is a contact form which you can use to contact us electronically. If you take this opportunity, the data entered in the input mask will be transmitted to us and processed. These data are:
– E-mail address
– Phone number
– http:// – website address
– Other personal data entered in the message text field
In the process of sending this message the following data is stored:
– IP address
– Date and time of registration
– Add further data
For the processing of the data, your consent will be obtained in the course of the sending process and reference will be made to this data protection declaration.
Alternatively you have the possibility to contact us via the following e-mail addresses:
– Further e-mail addresses with which the website visitor can contact us can be added
In this case we process and store the personal data transmitted by e-mail. This will basically be your email address and any other information you disclose. Such data processing is necessary for the processing of the conversation. The data processing is based on our legitimate interest within the meaning of Art. 6 para. 1 lit. f) DSGVO and is therefore lawful, provided that this does not unreasonably restrict your rights. If the purpose of the contact is the conclusion of a contract, the processing is lawful according to Art. 6 para. 1 lit. b) DSGVO. If you provide further data without being asked, the processing is based on your consent within the meaning of Art. 6 para. 1 lit. a) DSGVO. We will delete this data as soon as the conversation has ended and there is no longer any purpose for storing it. The conversation ends when it is clear from the circumstances that the matter in question has been conclusively clarified. All further data transmitted by the sending process will be deleted after a period of 7 days at the latest. The data processing can be objected to by sending a written declaration of revocation of the data processing to email@example.com.
- disclosure of the data by us
We disclose personal information to comply with legal obligations, to investigate complaints about offers or content that violate the rights of third parties, and to protect the rights, property, or safety of others. Disclosure of this information is done solely in accordance with applicable laws. As stated above, we will not disclose your personal data to third parties for their marketing purposes without your express consent.
We may also disclose your personal information to law enforcement or regulatory authorities or authorized third parties in response to a request for information in connection with an investigation or suspected crime, illegal activity or other activity that may result in legal liability for us, you or another user. In such cases, we will disclose information necessary for the investigation, such as name, city, zip code, phone number, e-mail address, previous user names, IP address, fraud complaints and offer overview.
- rights of the persons concerned
The applicable data protection law grants you as a data subject comprehensive data subject rights (rights of information and intervention) vis-à-vis the person responsible (Spielfeld) with regard to the processing of your personal data, about which we inform you in the following:
11.1 Right to confirmation, Art. 15 para. 1 sentence 1 DSGVO:
The data subject has the right to obtain confirmation from the controller as to whether personal data relating to him or her is being processed.
11.2 Right to information, Art. 15 (1) sentence 2 DSGVO:
If personal data relating to the data subject are processed, the data subject shall have the right to obtain information on such personal data and to obtain the following information:
- the purposes of the processing;
- the categories of personal data being processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations;
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
- the existence of a right of rectification or erasure of personal data relating to them or of a right to have the processing restricted by the controller or to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- if the personal data are not collected from the data subject, any available information as to their origin;
- the existence of automated decision making, including profiling, as referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject.
11.3 Right of rectification and integration, Art. 16 DPA:
The data subject has the right to request the controller to rectify without delay any inaccurate personal data concerning him/her.
Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
11.4 Right of deletion (right to be forgotten), Art. 17 DPA
The data subject shall have the right to obtain from the controller the deletion without delay of personal data relating to him/her and the controller shall be obliged to delete personal data relating to him/her without delay if one of the following reasons applies:
- the personal data are no longer necessary for the purposes for which they were collected or otherwise processed
- The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) and there is no other legal basis for the processing.
- the data subject lodges an objection to the processing pursuant to Article 21(1) and there are no legitimate legitimate grounds overriding the processing, or the data subject submits, pursuant to Article 21(2)
- Objection to the processing.
- The personal data have been processed unlawfully.
- The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data have been collected in relation to information society services provided in accordance with Article 8(1).
However, the above does not apply if the processing is for legal purposes (see 8.).
11.5 Right to restrict processing, Art. 18 DPA:
The data subject has the right to request the controller to restrict processing if one of the following conditions is met:
- the accuracy of the personal data is contested by the data subject, for a period of time that enables the controller to verify the accuracy of the personal data
- the processing is unlawful and the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data;
- the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise or defend his rights; or
- the data subject has lodged an objection to the processing pursuant to Article 21(1), pending the determination of whether the controller’s legitimate reasons outweigh those of the data subject.
If the processing has therefore been restricted, such personal data, apart from being stored, may be used only with the consent of the data subject or for the purpose of asserting, exercising or defending legal claims or rights or for the purpose of carrying out legal proceedings.
12 Newsletter dispatch
12.1 Newsletter dispatch to existing customers
If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to send you regular offers on similar goods or services from our range of products by e-mail. In accordance with § 7 paragraph 3 UWG, we do not need to obtain your separate consent for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 Para. 1 lit. f DS-GVO. If you have initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the person responsible named at the beginning of this document. For this you will only incur transmission costs according to the basic rates. After receipt of your objection, the use of your e-mail address for advertising purposes will be discontinued immediately.
12.2 Advertising newsletter
On our website you have the possibility to subscribe to the newsletter of our company. Which personal data is transmitted to us when ordering the newsletter is determined by the input mask used for this purpose.
We inform our customers and business partners about our offers at regular intervals by means of a newsletter. The newsletter of our company can only be received by you if
- you have a valid e-mail address and
- you have registered for the newsletter.
For legal reasons, a confirmation e-mail will be sent to the e-mail address you entered for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation mail is used to check whether you, as the owner of the e-mail address, have authorized the receipt of the newsletter.
When registering for the newsletter, we also save the IP address assigned by your Internet service provider (ISP) for the IT system you are using at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of your e-mail address at a later date and therefore serves as our legal safeguard.
The personal data collected during registration for the newsletter is used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as could be the case if there are changes to the newsletter offer or if technical conditions change. The personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by you at any time. The consent to the storage of personal data, which you have given us for the newsletter dispatch, can be revoked at any time. For the purpose of revoking this consent, you will find a corresponding link in every newsletter. Furthermore, it is also possible at any time to unsubscribe from the newsletter directly on our website or to inform us of this in another way.
The legal basis for data processing for the purpose of sending the newsletter is Art. 6 Paragraph 1 lit. a DS-GVO.
12.3 Newsletter tracking
Our newsletters contain so-called tracking pixels. A pixel-code is a thumbnail image embedded in e-mails sent in HTML format to allow log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded pixel-code, the company can see whether and when an e-mail was opened by you and which links in the e-mail were called up by you.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by us in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to your interests. This personal data is not passed on to third parties. Affected persons are entitled at any time to revoke the separate declaration of consent submitted in this regard via the double opt-in procedure. After a revocation, these personal data will be deleted by us. We automatically interpret a cancellation of the receipt of the newsletter as a revocation.
Such an evaluation is carried out in particular in accordance with Art. 6 Para. 1 lit.f DS-GVO on the basis of our legitimate interests in the insertion of personalised advertising, market research
12.5 Unsubscribing from the newsletter
You can unsubscribe from the newsletter at any time. This is done by direct contact with us. Please send us an email with the following data:
– First name, last name (personal address in the newsletter)
– E-mail address (recipient of the newsletter)
to the address Newsletterabmeldung@smarketer.de
13 Contents of the website
13.1 Data processing for order processing
The personal data collected by us will be passed on to the transport company commissioned with the delivery within the framework of the contract processing, insofar as this is necessary for the delivery of the goods. Your payment data will be passed on to the assigned credit institute within the scope of the payment processing, as far as this is necessary for the payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 para. 1 lit. b DS-GVO.
13.2 Contact / Contact form
Personal data is collected when you contact us (e.g. via contact form or e-mail). Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used to answer your request or to contact you and for the related technical administration. In addition, data are stored for statistical purposes. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Art. 6 Para. 1 lit. f DS-GVO. If your contact is aimed at the conclusion of a contract, an additional legal basis for processing is Art. 6 Paragraph 1 lit. b DS-GVO. Your data will be deleted after the final processing of your request; this is the case if it is clear from the circumstances that the matter in question has been conclusively clarified and provided that there are no legal obligations to retain data.
13.3 Services / digital goods
We only transfer personal data to third parties if this is necessary within the framework of the contract, for example to the credit institution commissioned with the handling of payments.
A further transmission of the data does not take place or only if you have expressly agreed to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.
The basis for data processing is Art. 6 para. 1 lit. b DS-GVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.
13.4 Blog comment function
We offer users the opportunity to leave individual comments on individual blog posts on a blog located on our website. A blog is a portal maintained on a website, usually publicly accessible, where one or more people called bloggers or web-bloggers can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented by third parties.
If you leave a comment in the blog published on this website, information on the time of the comment entry as well as the selected user name (pseudonym) will be saved and published in addition to your comments. Furthermore, the IP address assigned by your Internet Service Provider (ISP) is also logged. This storage of the IP address is done for security reasons and in the event that you have violated the rights of third parties or posted illegal content by entering a comment. The storage of this personal data is therefore in our own interest, so that we can exculpate ourselves in the event of a violation of the law. This represents a legitimate interest in the sense of Art. 6 Para. 1 lit. f DS-GVO and no personal data will be passed on to third parties unless such a transfer is required by law or serves our legal defence.
13.5 Application management / job exchange
We collect and process the personal data of applicants for the purpose of processing the application procedure. The processing can also take place electronically. This is particularly the case if an applicant submits the relevant application documents to us electronically, for example by e-mail or via a web form on the website. If we conclude an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents are automatically deleted six months after notification of the rejection decision, provided that no other legitimate interests on our part conflict with deletion. Other legitimate interests in this sense include, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).
In this respect, data processing is carried out solely on the basis of our legitimate interest in accordance with Art. 6 Para. 1 lit.f DSGVO.
13.6 LinkedIn Pixel
Our website uses the visitor response pixel from LinkedIn, LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, for conversion measurement.
This allows us to track the behaviour of site visitors after they have clicked on, for example, a LinkedIn ad and been directed to the provider’s website. This allows the effectiveness of LinkedIn ads to be evaluated for statistical and market research purposes and to optimize future advertising efforts.
The collected data is anonymous for us as the operator of this website, we cannot draw any conclusions about the identity of the users. However, LinkedIn stores and processes the data so that a connection to the respective user profile is possible and LinkedIn can use the data for its own advertising purposes, in accordance with the LinkedIn data usage policy. This use of the data cannot be influenced by us as site operators.