We are delighted about your interest in our company. Data Security has a particularly high value for the management of MyCityShops. A use of the Internet pages of MyCityShops is generally possible without providing any personal data. Provided that a data subject intends to make use of special services from our company via our website the processing of personal data could be required. If the processing of personal data is required and no legal basis for that kind of processing exists we generally request the consent of the data subject.
The processing of personal data, for example the name, address, e-mail address or telephone number of a data subject is always carried out in accordance with the basic data protection regulation and in accordance with the country-specific data protection regulations applicable to MyCityShops. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration will inform the affected persons about their rights.
MyCityShops, as the data controller, has implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can have security gaps in principle, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.
We use the following terms in this privacy statement, among others:
(a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who 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 or to one or more specific characteristics which are an expression of the identity of that natural person.
(b) data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
(d) limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
(f) controller or data controller
The controller or data controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
(g) processors under contract
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.
(i) third parties
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
Consent means any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
2. the name and address of the controller
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the Data Protection Commissioner:
St. Johanns-Vorstadt 3
Tel.: +41 76 328 99 91
The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable under certain circumstances.
4. collection of general data and information
The MyCityShops website collects a series of general data and information each time a data subject or an automated system accesses the website. These general data and information are stored in the log files of the server. The (1) browser types and versions used can be recorded, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-sites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems.
Bei der Nutzung dieser allgemeinen Daten und Informationen zieht die MyCityShops keine Rückschlüsse auf die betroffene Person. Diese Informationen werden vielmehr benötigt, um (1) die Inhalte unserer Internetseite korrekt auszuliefern, (2) die Inhalte unserer Internetseite sowie die Werbung für diese zu optimieren, (3) die dauerhafte Funktionsfähigkeit unserer informationstechnologischen Systeme und der Technik unserer Internetseite zu gewährleisten sowie (4) um Strafverfolgungsbehörden im Falle eines Cyberangriffes die zur Strafverfolgung notwendigen Informationen bereitzustellen. Diese anonym erhobenen Daten und Informationen werden durch die MyCityShops daher einerseits statistisch und ferner mit dem Ziel ausgewertet, den Datenschutz und die Datensicherheit in unserem Unternehmen zu erhöhen, um letztlich ein optimales Schutzniveau für die von uns verarbeiteten personenbezogenen Daten sicherzustellen. Die anonymen Daten der Server-Logfiles werden getrennt von allen durch eine betroffene Person angegebenen personenbezogenen Daten gespeichert.
5. registration on our website
The data subject shall have the possibility to register on the website of the controller by providing personal data. The personal data transmitted to the data controller in this process is determined by the respective input mask used for registration. The personal data entered by the data subject shall be collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be disclosed to one or more processors, such as a parcel service, who will also use the personal data solely for internal purposes attributable to the controller.
By registering on the website of the data controller, the IP address assigned to the data subject by the Internet service provider (ISP), the date and time of registration are also stored. This data is stored in order to prevent misuse of our services and, if necessary, to enable us to investigate criminal offences that have been committed. In this respect, the storage of this data is necessary to safeguard the data controller. These data will not be passed on to third parties unless there is a legal obligation to do so or the data is used for criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves the purpose of the data controller to offer the data subject contents or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the database of the data controller.
The data controller shall provide any data subject with information on the personal data stored on the data subject at any time upon request. Furthermore, the data controller shall correct or delete personal data at the request or notice of the data subject, unless this is contrary to any legal obligation to retain such data. The entire staff of the data controller shall be available to the data subject as contact persons in this context.
6. subscription to our newsletter
On the MyCityShops website, users are given the opportunity to subscribe to our company newsletter. Which personal data is transferred to the person responsible for processing when ordering the newsletter results from the input mask used for this purpose.
The MyCityShops informs its customers and business partners at regular intervals by means of a newsletter about offers of the company. The newsletter of our company can only be received by the person concerned if (1) the person concerned has a valid e-mail address and (2) the person concerned registers for the newsletter mailing. For legal reasons, a confirmation e-mail in the double opt-in procedure will be sent to the e-mail address entered for the first time by the person concerned for the purpose of sending the newsletter. This confirmation e-mail is used to check whether the owner of the e-mail address as the person concerned has authorised receipt of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) to the computer system used by the person concerned 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 the e-mail address of a person concerned at a later point in time and therefore serves to legally safeguard the data controller.
The personal data collected as part of a newsletter registration will only be used to send our newsletter. Furthermore, subscribers to the newsletter may be informed by e-mail if this is necessary for the operation of the newsletter service or registration, as might be the case in the event of changes to the newsletter offering or changes to the technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter dispatch, can be revoked at any time. For the purpose of the revocation of the consent an appropriate left is in each new type character. It is also possible at any time to unsubscribe from the newsletter dispatch directly on the website of the data controller or to inform the data controller of this in any other way.
7. Newsletter Tracking
The MyCityShops newsletters contain so-called tracking pixels. A pixel-code is a miniature graphic that is embedded in e-mails that are sent in HTML format to enable log file recording and analysis. This allows statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded pixel-code, MyCityShops can recognize if and when an email was opened by a person and which links in the email were accessed by that person.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the person responsible for processing in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the person concerned. This personal data will not be passed on to third parties. Affected persons are entitled at any time to revoke the relevant separate declaration of consent submitted via the double opt-in procedure. After a revocation these personal data will be deleted by the person responsible for the processing. The MyCityShops automatically interprets a deregistration from the receipt of the newsletter as a revocation.
8. possibility of contact via the website
The website of MyCityShops contains, due to legal regulations, information that enables quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
9. routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
10. rights of the data subject
a) Right to confirmation
Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right of access
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. Furthermore, the European Data Protection Supervisor has granted the data subject access to the following information:
(c) Right to rectification
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.
d) Right to deletion (right to be forgotten)
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him which are subject to one of the following conditions and to the extent that the processing is not necessary:
The personal data have been collected for such purposes or processed in any other way for which they are no longer necessary.
The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO and there is no other legal basis for the processing.
The data subject objects to the processing under Article 21(1) DS Block Exemption Regulation and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Article 21(2) DS Block Exemption Regulation.
The personal data have been processed unlawfully.
The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO.
If one of the above-mentioned reasons applies and a person concerned wishes to have personal data stored at MyCityShops deleted, he can contact an employee of the controller at any time. The employee of the MyCityShops will arrange for the request for deletion to be complied with immediately.
If the MyCityShops have made the personal data public and if our company, as the person responsible, is obliged to delete the personal data in accordance with Art. 17 Para. 1 DS-GVO, MyCityShops shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary. The employee of the MyCityShops will take the necessary steps in individual cases.
e) Right to limitation of processing
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the 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 which allows the data controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal rights.
The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
If one of the conditions mentioned above is met and a person concerned wishes to request the restriction of personal data stored at MyCityShops, he can contact an employee of the data controller at any time. The employee of the MyCityShops will arrange the restriction of the processing.
f) Right to data transferability
Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. It also has the right to communicate these data to another controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1 letter b DS-GVO and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 (1) DS-GVO, the data subject shall have the right to obtain that the personal data be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transferability, the person concerned can contact an employee of MyCityShops at any time.
g) Right on contradiction
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation maker, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the DS Block Exemption Regulation. This also applies to profiling based on these provisions.
The MyCityShops does not process the personal data in the case of objection any more, unless we can prove compelling reasons worthy of protection for the processing, which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defense of legal claims.
If the MyCityShops processes personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If the person concerned objects to MyCityShops processing the data for direct advertising purposes, MyCityShops will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data concerning him/her by MyCityShops for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 Para. 1 DS-GVO for reasons arising from his/her particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right of objection, the person concerned may directly contact any MyCityShop employee or another employee. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
(h) Right of withdrawal of consent for data protection purposes
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time do so by contacting an employee of the controller.
The data controller has integrated Facebook components on this website. Facebook is a social network.
A social network is a social meeting point operated on the Internet, an online community that usually enables users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enables the Internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friend requests.
The operating company of Facebook is Facebook, Inc. 1 Hacker Way, Menlo Park, CA 94025, USA. The person responsible for processing personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland if a person concerned lives outside the USA or Canada.
Each time one of the individual pages of this website is accessed, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=en_DE. As part of this technical process, Facebook obtains information about which specific subpage of our website is visited by the person concerned.
If the person concerned is logged into Facebook at the same time, Facebook recognizes which specific page of our website the person concerned is visiting each time the person visits our website and for the entire duration of that person’s stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. If the person concerned clicks one of the Facebook buttons integrated on our website, for example the “Like” button, or if the person concerned makes a comment, Facebook assigns this information to the personal Facebook user account of the person concerned and stores this personal data.
Facebook receives information through the Facebook component that the individual concerned has visited our website whenever the individual concerned is logged into Facebook at the same time as accessing our website, whether or not the individual clicks on the Facebook component. If the data subject does not want this information to be transferred to Facebook in this way, he or she can prevent the transfer by logging out of his or her Facebook account before accessing our website.
Facebook’s published data policy, which is available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which settings Facebook offers to protect the privacy of the person concerned. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
The data controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, collection and evaluation of data on the behaviour of visitors to Internet pages. A web analysis service collects data on, among other things, from which website a person concerned came to a website (so-called referrers), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimise a website and to analyse the costs and benefits of Internet advertising.
The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The data controller uses the addition “_gat._anonymizeIp” for the web analysis via Google Analytics. This addition is used by Google to shorten and anonymise the IP address of the Internet connection of the person concerned if access to our Internet pages is from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website and to provide other services in connection with the use of our website.
Google Analytics places a cookie on the information technology system of the person concerned. What cookies are has already been explained above. When the cookie is set, Google is able to analyse the use of our website. Each time you access one of the individual pages of this website, which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission statements.
The cookie is used to store personal information, such as the access time, the location from which an access originated and the frequency of visits to our website by the person concerned. Each time you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, 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 share this personal data collected through the technical process with third parties.
The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of an appropriate setting of 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 the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
The data controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform that allows users to share photos and videos and also to distribute such data on other social networks.
Instagram services are operated by Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
Each time one of the individual pages of this Internet site is called, operated by the data controller and on which an Instagram component (Insta button) has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Instagram component to download a representation of the corresponding Instagram component. As part of this technical process, Instagram is informed of which specific subpage of our website is visited by the person concerned.
If the person concerned is logged into Instagram at the same time, Instagram recognizes which specific page the person concerned is visiting each time the person visits our website and for the entire duration of that person’s stay on our website. This information is collected by the Instagram component and assigned by Instagram to the Instagram account of the person concerned. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted is assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.
Instagram receives information from the Instagram component that the person concerned has visited our site whenever they are logged into Instagram at the same time as they visit our site, regardless of whether or not they click on the Instagram component. If the data subject does not want Instagram to receive this information, they can prevent the transmission by logging out of their Instagram account before accessing our website.
For more information and to review Instagram’s current privacy policies, please visit https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/
The data controller has integrated Jetpack into this website. Jetpack is a WordPress plug-in which offers additional functions to the operator of a website based on WordPress. Jetpack allows the website operator, among other things, an overview of the visitors to the site. The display of related articles and publications or the possibility to share content on the site can also increase the number of visitors. In addition, security functions are integrated into Jetpack, so that a website using Jetpack is better protected against brute force attacks. Jetpack also optimizes and accelerates the loading of images integrated into the website.
The operating company of the Jetpack plug-in for WordPress is Automattic Inc, 132 Hawthorne Street, San Francisco, CA 94107, USA. The operating company uses the tracking technology of Quantcast Inc., 201 Third Street, San Francisco, CA 94103, USA.
Jetpack places a cookie on the data subject’s information technology system. What cookies are has already been explained above. Each time one of the individual pages of this Web site is accessed, operated by the data controller and on which a Jetpack component has been integrated, the Internet browser on the data subject’s information technology system is automatically prompted by the respective Jetpack component to transmit data to Automattic for analysis purposes. As part of this technical process, Automattic becomes aware of data that is subsequently used to create an overview of Internet site visits. The data obtained in this way are used to analyse the behaviour of the data subject who accessed the website of the data controller and are evaluated with the aim of optimising the website. The data collected via the Jetpack component will not be used to identify the data subject without the prior express consent of the data subject. The data is also made known to Quantcast. Quantcast uses the data for the same purposes as Automattic.
The person concerned can prevent the setting of cookies by our website at any time, as described above, by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Automattic/Quantcast from setting a cookie on the information technology system of the person concerned. In addition, cookies already set by Automattic can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject may object to the collection of data generated by the Jetpack cookie and relating to the use of this website and to the processing of this data by Automattic/Quantcast and prevent such collection. To do this, the person concerned must press the opt-out button under the link https://www.quantcast.com/opt-out/, which sets an opt-out cookie. The opt-out cookie set with the objection is stored on the information technology system used by the person concerned. If the cookies on the system of the person concerned are deleted after an objection, the person concerned must call up the link again and set a new opt-out cookie.
With the setting of the opt-out cookie, however, it is possible that the Internet pages of the data controller may no longer be fully usable by the data subject.
Automattic’s current data protection regulations can be found at https://automattic.com/privacy/ . Quantcast’s current data protection regulations can be found at https://www.quantcast.com/privacy/
15. method of payment: data protection regulations for Sofortüberweisung as method of payment
The data controller has integrated Sofortüberweisung components on this website. Sofortüberweisung is a payment service that enables cashless payment for products and services on the Internet. Sofortüberweisung represents a technical procedure through which the online merchant immediately receives a payment confirmation. This enables the merchant to deliver goods, services or downloads to the customer immediately after the order has been placed.
The operating company of Sofortüberweisung is SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany.
If the person concerned selects “Sofortüberweisung” as a payment option during the ordering process in our online shop, the data of the person concerned is automatically transferred to Sofortüberweisung. By selecting this payment option, the person concerned consents to the transfer of personal data required for payment processing.
In the case of purchase processing via Sofortüberweisung, the buyer transmits the PIN and the TAN to Sofort GmbH. Sofortüberweisung then carries out a transfer to the online merchant after a technical check of the account balance and retrieval of further data to check the account coverage. The online merchant will then be automatically notified of the execution of the financial transaction.
The personal data exchanged with Sofortüberweisung is first name, surname, address, email address, IP address, telephone number, mobile phone number or other data necessary for payment processing. The purpose of the data transmission is to process payments and prevent fraud. The data controller will transfer other personal data to Sofortüberweisung even if there is a legitimate interest in the transfer. Personal data exchanged between Sofortüberweisung and the controller may be transferred by Sofortüberweisung to credit reference agencies. The purpose of this transfer is to check identity and creditworthiness.
If necessary, Sofortüberweisung passes on the personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfil the contractual obligations or if the data are to be processed on behalf of the customer.
The person concerned has the possibility to revoke his/her consent to the handling of personal data at any time against Sofortüberweisung. A revocation has no effect on personal data which must be processed, used or transmitted for (contractual) payment processing.
16 Legal basis for processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our site were injured and his name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 DS-GVO).
17. legitimate interests in the processing pursued by the controller or by a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
18. duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of the contract.
19. legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. The data subject must contact one of our employees before providing personal data. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
20. the existence of automated decision-making
As a responsible company, we refrain from automatic decision-making or profiling.