This translation is for your information only and may contain translation errors. Therefore, it is not legally binding.
This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile. (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “personal data” or their “processing”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
Company: Quintatec GmbH
Street No.: Sonnenweg 19
Postcode, city, country: 22045 Hamburg, Germany
Commercial register no.: HRB 107054, Hamburg local court
Managing Director: Michael Rößler
E-mail address: firstname.lastname@example.org
Types of data processed:
– Stock data (e.g., names, addresses).
– Contact details (e.g., e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– Contract data (e.g., object of contract, duration, customer category).
– Payment data (e.g., bank details, payment history).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Processing of special categories of data (Art. 9 para. 1 DSGVO):
No special categories of data are processed.
Categories of data subjects concerned by the processing:
– Customers / interested parties / suppliers.
– Visitors and users of the online offer.
In the following, we refer to the data subjects collectively as “users”.
Purpose of the processing:
– Provision of the online offer, its contents and functions.
– Provision of contractual services, service and customer care.
– Answering contact enquiries and communication with users.
– Marketing, advertising and market research.
– Security measures.
1. Relevant 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 stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering enquiries is Art. 6 Para. 1 lit. b DSGVO, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Para. 1 lit. c DSGVO, and the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 Para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
2. Amendments and updates to the data protection declaration
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to take action to cooperate (e.g. to give your consent) or to receive other individual notification.
3. Security measures
3.1 In accordance with Art. 32 DSGVO and 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 varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we shall take appropriate technical and organisational measures to ensure a level of protection commensurate with the risk; these measures shall include in particular the safeguarding of the confidentiality, integrity and availability of data by controlling the physical access to the data as well as the access, input, transmission, safeguarding of availability and its separation. We have also put in place procedures to ensure that data subjects’ rights are respected, that data is deleted and that data is responded to threats to it. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection by designing technology and by using data protection-friendly default settings (Art. 25 DSGVO).
3.2 The security measures include in particular the encrypted transmission of data between your browser and our server.
4. Cooperation with contract processors and third parties
4.1 If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of a legal authorisation (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the performance of the contract in accordance with Art. 6 Para. 1 letter b DSGVO), if you have given your consent, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
4.2 Insofar as we commission third parties to process data on the basis of a so-called “contract processing agreement”, this is done on the basis of Art. 28 DSGVO.
5. 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 is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it 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 will only process or transfer the data in a third country if the special conditions of Art. 44 ff. DSGVO. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised establishment of a level of data protection equivalent to that in the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
6. Rights of data subjects
6.1 You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information about this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO.
6.2 You have accordingly. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of incorrect data concerning you.
6.3 In accordance with Art. 17 DSGVO, you have the right to demand that data relating to you be deleted immediately or, alternatively, in accordance with Art. 18 DSGVO, to demand that the processing of the data be restricted.
6.4 You have the right to request that the data concerning you which you have made available to us be received in accordance with Art. 20 of the DSGVO and to demand that it be passed on to other responsible parties.
6.5 You also have the right under Art. 77 DSGVO to lodge a complaint with the competent supervisory authority.
7. Right of revocation
You have the right to revoke consents granted in accordance with Art. 7 Para. 3 DSGVO with effect for the future.
8. Right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. In particular, you may object to processing for the purposes of direct advertising.
9. Cookies and right of objection for direct advertising
10. Deletion of data
10.1 The data processed by us will be deleted or limited in their processing 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 they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required 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 law reasons.
10.2 In accordance with legal requirements, data is stored in particular for 6 years in accordance with § 257 Para. 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 Para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
11. Provision of contractual services
11.1 We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 para. 1 lit. b. DSGVO. The entries marked as obligatory in online forms are required for the conclusion of the contract.
11.2 Users can optionally create a user account, in particular by viewing their orders. During the registration process, the necessary mandatory data will be provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data relating to the user account will be deleted, subject to their safekeeping being necessary for reasons of commercial or tax law in accordance with Art. 6 para. 1 lit. c DSGVO. It is the responsibility of the users to back up their data before the end of the contract if they have terminated it. We are entitled to irretrievably delete all user data stored during the term of the contract.
11.3 Within the scope of registration and renewed applications and use of our online services, we will save the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as the user’s need for protection against misuse and other unauthorised use. This data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.
11.4 We process usage data (e.g., the websites visited by our online offer, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile, in order to show the user, for example, product information based on the services they have used so far.
11.5 Deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account remains until its deletion.
12. Credit rating information
12.1 If we make advance payments (e.g. when purchasing on account), we reserve the right to obtain identity and creditworthiness information for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures from specialised service companies (credit agencies) in order to protect our legitimate interests.
12.2 Within the scope of the creditworthiness information, we transmit the following personal data of the customer (name, postal address, date of birth, details of the type of contract, bank details [please provide further data if necessary]) to the following credit agencies:
SCHUFA company (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), data protection information: https://www.schufa.de/de/ueber-uns/daten-scoring/.
12.3 We process the information received from the credit agencies about the statistical probability of a payment default within the scope of a proper discretionary decision about the establishment, implementation and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative result of the credit assessment.
12.4 The decision as to whether we will make advance payment is made in accordance with Art. 22 DSGVO solely on the basis of an automated decision in the individual case, which is made by our software on the basis of information from the credit agency.
12.5 If we obtain your express consent, the legal basis for credit information and the transmission of the customer’s data to the credit agencies is consent in accordance with Art. 6 para. 1 lit. a, 7 DSGVO. If consent is not obtained, our legitimate interests in the security of your payment claim are the legal basis in accordance with Art. 6 Para. 1 lit. f. DSGVO.
13.1 When contacting us (via contact form or e-mail), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO.
13.2 The user’s details may be stored in our customer relationship management system (“CRM system”) or a comparable enquiry organisation.
13.3 We delete the enquiries if they are no longer required. We will review the necessity every two years; we will store requests from customers who have a customer account permanently and refer to the customer account details for deletion. In the case of statutory archiving obligations, deletion shall take place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).
14. Comments and contributions
14.1 If users leave comments or other contributions, their IP addresses will be deleted on the basis of our legitimate interests within the meaning of Article 6 paragraph 1 letter f. DSGVO for 7 days.
14.2 This is done for our security if someone leaves unlawful content in comments and contributions (insults, prohibited political propaganda, etc.). In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.
15. Retrieval of profile pictures at Gravatar
We use the Gravatar service, Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA, within our online offer and especially in our blog.
Gravatar is a service where users can register and store profile pictures and their e-mail addresses. If users leave contributions or comments on other websites (especially blogs) using their e-mail address, their profile pictures can be displayed alongside the contributions or comments. For this purpose, the e-mail address provided by users is transmitted in encrypted form to Gravatar for the purpose of checking whether a profile is stored for it. This is the sole purpose of transmitting the e-mail address and it will not be used for any other purpose, but will be deleted afterwards.
Gravatar is used on the basis of our legitimate interests in the sense of Art. 6 Para. 1 letter f) DSGVO, as Gravatar enables the authors of contributions and comments to personalise their contributions with a profile picture.
Automattic 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=a2zt0000000CbqcAAC&status=Active).
If users do not want a user image linked to their email address at Gravatar to appear in their comments, they should use an email address that is not stored at Gravatar for comments. We would also like to point out that it is also possible to use an anonymous e-mail address or no e-mail address at all if users do not want their own e-mail address to be sent to Gravatar. Users can completely prevent the transmission of data by not using our comment system.
16. Akismet anti-spam check
Our online offer uses the “Akismet” service, which is provided by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. The use is based on our legitimate interests within the meaning of Art. 6 Paragraph 1 lit. f) DSGVO. With the help of this service, comments from real people are distinguished from spam comments. For this purpose, all comment data is sent to a server in the USA, where it is analysed and stored for four days for comparison purposes. If a comment has been classified as spam, the data will be stored beyond that period. This information includes the name entered, email address, IP address, comment content, referrer, browser and computer system used and the time of entry.
Automattic is certified under the Privacy Shield Agreement, which provides a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
Users are welcome to use pseudonyms, or refrain from entering their name or email address. You can completely prevent the transmission of data by not using our comment system. This would be a pity, but unfortunately we do not see any other alternatives that are as effective.
17. Collection of access data and log files
17.1 On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO, we collect data on every access to the server on which this service is located (so-called server log files). 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 website previously visited), IP address and the requesting provider.
17.2 For security reasons (e.g. to clarify acts of abuse or fraud), log file information is stored for a maximum of seven days and then deleted. Data whose further storage is required for evidential purposes is excluded from deletion until the respective incident has been finally clarified.
18. Online presence in social media
18.1 We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
19. Cookies & range measurement
19.1 Cookies are information that is transferred from our web server or web servers of third parties to the web browsers of users and stored there for later retrieval. Cookies can be small files or other types of information storage.
19.2 We use “session cookies”, which are only stored for the duration of your current visit to our online presence (e.g. to enable the storage of your login status or the shopping basket function and thus the use of our online offer at all). A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. A cookie also contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online services and, for example, log out or close the browser.
19.4 If the 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.
20. Jetpack (WordPress Stats)
20.1 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 Jetpack plugin (here the sub-function “WordPress Stats”), which integrates a tool for the statistical evaluation of visitor accesses and is provided by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Jetpack uses so-called “cookies”, text files which are stored on your computer and which enable an analysis of your use of the website.
20.2 Automattic is certified under the Privacy Shield Agreement, which provides a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
21.1 With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.
21.2 Contents of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Our newsletters also contain information about our products, offers, promotions and our company.
21.3 Double-Opt-In and logging: The registration for our newsletter takes place in a so-called Double-Opt-In procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the dispatch service provider are also logged.
21.4 Registration data: To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name for personal contact in the newsletter.
21.5 The dispatch of the newsletter and the measurement of success are based on the consent of the recipients according to 6 paragraph 1 letter a, Art. 7 DSGVO in conjunction with § 7 paragraph 2 No. 3 UWG or on the basis of the legal permission according to § 7 paragraph 3 UWG.
21.6 The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 (1) lit. f DSGVO and serves as proof of consent to receive the newsletter.
21.7 Cancellation/revocation – You can cancel receipt of 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. If users have only registered for the newsletter and cancelled this registration, their personal data will be deleted.
22. Integration of services and contents of third parties
22.1 Within our online offer, we shall, 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), we use content or service offers from third parties to integrate their content and services, such as videos or fonts (hereinafter referred to uniformly as “content”). This always presupposes that the third-party providers of these contents are aware of the IP address of the users, as without the IP address they would not be able to send the contents to their browsers. The IP address is therefore necessary for the display of these contents. We make every effort to use only such content whose respective providers use the IP address solely for the purpose of delivering the content. 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 contain, among other things, technical information on the browser and operating system, referring web pages, visiting time and other details on the use of our online offer, as well as being able to be linked to such information from other sources.
22.2 The following presentation offers an overview of third party providers and their contents, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, the possibility of objection (so-called opt-out):
If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and the data protection information of the respective third party providers apply, which can be accessed within the respective websites or transaction applications.