EU General Data Protection Regulation (GDPR)
Sami Memili / ARCORA INTERNATIONAL GmbH
Mars Street 9
85609 Aschheim near Munich, Germany
E-Mail address: firstname.lastname@example.org
Managing Director: Sami Memili
Link to the imprint: https://arcora.de/?page_id=2192
Contact details of our data protection officer:
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact information (e.g., e-mail, phone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta / communication data (e.g., device information, IP addresses).
Categories of affected persons
Visitors and users of the online offer (hereinafter we refer to the affected persons as “users”).
Purpose of processing
– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Safety measures.
– Reach Measurement / Marketing
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter the “data subject”). A natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (e.g., a cookie) or to one or more special features, the expression of physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
“Processing” means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term has a broad meaning and includes virtually every handling of data.
“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data is not assigned to an identified or identifiable natural person.
“Profiling” means any kind of automated processing of personal data which involves the use of personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, or personal matters, in order to analyze or predict preferences, interests, reliability, behavior, whereabouts or location of that natural person.
“Responsible person” means the natural or legal person, public authority, body or body that decides, alone or in concert with others, on the purposes and means of processing personal data.
“Processor” means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we hereby inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b GDPR, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f GDPR. 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 GDPR forms the legal basis.
Data security measures
We take appropriate technical data protection measures and organizational measures, in accordance with Art. 32 GDPR – taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the likelihood and severity of the risk to the rights and freedoms of natural persons, in order to thereby ensure an appropriate level of protection against any risk.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as data access, input, disclosure, availability and separation. We have also set up procedures to protect data subject rights, ensure data deletion, and prevent data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR).
Collaboration with processors and third parties
If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit data to third parties, or otherwise grant access to the data, this will only be done on the basis of a legal permission (e.g., if transmission of the data to third parties is required by payment service providers, pursuant to Art. 6 (1) (b) GDPR in order to fulfill our contract with you), to fulfill a legal obligation or based on our legitimate interests (e.g. the use of agents, webhosts, etc.).
If we commission third parties to process data on the basis of a so-called “processing contract”, this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if, in the context of the use of third party services, we disclose or transmit data to third parties, this will only be done to fulfill 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 process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. GDPR. The processing is carried out on the basis of specific guarantees, such as using the officially recognized level of data protection (e.g. for the US, through the Privacy Shield) or through compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.
You have, according to Art. 16 GDPR, the right to demand the deletion of data concerning you or the correction of any incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and the right to request their transmission to other persons responsible.
You have, according to Art. 77 GDPR, the right to file a complaint with the competent supervisory authority.
You have the right to grant consent to data processing in accordance with. Art. 7 para. 3 GDPR with effect for the future.
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. In particular, you may object the processing of your data for direct marketing purposes.
Cookies and right to object to direct marketing
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes his browser. This type of cookies stores, for example, the contents of a shopping cart in an online shop or a login status. The term “permanent” or “persistent” refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit the website after several days. Likewise, this type of cookie can store the interests of the users, which are used for range measurement or marketing purposes. A “third-party cookie” refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called “first-party cookies”).
If users do not want cookies stored on their computer, they will be asked to disable the option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Deletion of data
According to legal requirements in Germany, data is stored for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trade records, documents relevant for taxation, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).
According to legal regulations in Austria, data must be kept for 7 years according to § 132 Abs. 1 BAO (accounting documents, documents / invoices, accounts, vouchers, business papers, statements of revenue and expenditure, etc.), for 22 years in relation to land and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States.
In addition, we process
– contract data (e.g., subject, term, customer category) and
– payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Order processing in the online shop and customer account
We process the data of our customers as part of the ordering process in our online shop to allow them to select and order the selected products and services, as well as to enter their payment and delivery or order execution information.
The processed data includes inventory data, communication data, contract data, payment data and persons affected by the processing belong to our customers, prospects and other business partners. Processing is for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer service. We use session cookies to store the contents of your shopping cart and permanent cookies for to store the login status.
Processing is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) GDPR. The information marked as required for the establishment and fulfillment of the contract is required. We disclose the data to third parties only in the context of extradition, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data will be processed in third countries only if necessary for the fulfillment of the contract (for example, on customer’s request upon delivery or payment).
Users can optionally create a user account, which in particular enables them to view their orders. As part of registration, the necessary mandatory information will be communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their user account data is deleted, unless the data must be retained for commercial or tax law reasons, according to Art. 6 para. 1 lit. c GDPR. Information in the customer account remains stored until its deletion, with subsequent archiving in case of a legal obligation. It is the responsibility of the users to secure their data upon termination before the end of the contract.
As part of the registration and re-registration and use of our online services, we store the IP address and the time of the respective user action. We store this data based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with Art. 6 para. 1 lit. c GDPR.
Data is deleted after expiry of legal warranty and comparable obligations. The necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiration (end of retention obligation is for commercial law (6 years) and tax law (10 years)).
External payment service providers
We use these payment service providers in order to fulfill our contracts, on the basis of Art. 6 para. 1 lit. b. GDPR. Incidentally, we use external payment service providers on the basis of our legitimate interests (see Art. 6 para. 1 lit. b. GDPR), i.e., in order to offer our users effective and secure payment options.
Amongst the data processed by the payment service providers are inventory data, e.g. the name and the address, bank data, such as account numbers or credit card numbers, passwords, TANs and codes, as well as contract, summary and recipient-related information. This information is required to complete the transactions. However, the data entered will only be processed and stored by the payment service providers. We do not receive any account or credit card information, but only information with confirmation or negative disclosure of the payment. The data may be transmitted by the payment service providers to credit reporting agencies. This transmission serves to check identity and credit. For this we refer to the terms and privacy policies of the payment service providers.
For the payment transactions, the terms and conditions and the privacy notices of the respective payment service providers, which are available within the respective websites, or transaction applications apply. We also refer to these for further information and assertion of rights of withdrawal, information and other data subjects.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks and the organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing principles are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. This processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing is administration, financial accounting, office organization, and data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities.
We disclose or transmit data to financial administration, consultants, such as tax accountants or auditors, and other fee agents and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, promoters and other business partners, e.g. for later contact. We generally store this majority of company-related data permanently.
Business analysis and market research
In order to operate our business economically, to recognize market trends, and wishes of the contractors and users, we analyze the data available to us for business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data, and metadata based on the nature 6 para. 1 lit. f. GDPR, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer.
These analyzes are carried out for the purpose of business analysis, marketing and market research. In doing so, we can provide the profiles of registered users with information, e.g. take into account their services. The analyzes serve us to increase the user-friendliness, the optimization of our offer and the business economics. The analyzes are for us alone and will not be disclosed externally unless they are anonymous, aggregated value analyzes.
If these analyzes or profiles are personal, they will be deleted or anonymized upon termination of the users, otherwise after two years from the conclusion of the contract. Incidentally, the overall business analyzes and general trend provisions are created anonymously if possible.
Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and processed, based on Art. 6 para. 1 lit. b GDPR, for purposes of providing the user account. The processed data include in particular the login information (name, password and an email address). The data entered during registration will be used for the purpose of using the user account.
Users may have access to information relevant to their user account, e.g. technical changes, and may be informed by email. If users have terminated their user account, their user account data will be deleted, subject to a statutory retention requirement. It is the responsibility of the users to secure their data upon termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
As part of the use of our registration function as well as when using the user account, we store the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with Art. 6 para. 1 lit. c GDPR. The IP addresses will be anonymized or deleted after 7 days at the latest.
Comments and posts
If users leave comments or other contributions, their IP addresses may be stored for 7 days; this is based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR. This is for our own safety, for example if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or post and are therefore interested in the identity of the author.
Furthermore, we reserve the right, in accordance with our legitimate interests under Art. 6 para. 1 lit. f. GDPR, to process user information for the purpose of spam detection.
The data provided in the comments and contributions are stored by us permanently until the users object.
Retrieval of emojis and smilies
Within our WordPress blog, we use graphic emojis (or smilies), i.e. small graphical files that express feelings used by external servers. Here, the blog providers store the server and the IP addresses of the users. This is necessary so that the emojie files can be transmitted to the users’ browsers. The Emojie service is offered by Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110, USA. Automattic Privacy Notice: https://automattic.com/privacy/. The server domains used are sworg and twemoji.maxcdn.com, which to our knowledge are so-called content delivery networks, that is, servers that only provide fast and secure transmission of the files, and users’ personal data are deleted after transmission.
The use of emojis is based on our legitimate interests, i.e., interest in an attractive design for our online offer according to Art. 6 para. 1 lit. f. GDPR.
Our online offer contains buttons from the micropayment service “Flattr”; these are provided by Flattr Network Ltd. based in 2nd Floor, White bear yard 114A, Clerkenwell Road, London, Middlesex, England, EC1R 5DF, United Kingdom. When you access pages of this website that contain these buttons, your browser connects directly to Flattr’s servers.
If users have created an account with Flattr and they are logged in to Flattr at the same time, Flattr receives the information that users have visited the respective page of this online offer. If users have a Flattr account, are logged in and interact with the button, this information is transmitted to Flattr and stored there for billing purposes according to local guidelines. Even if users are not logged in, usage data may be collected and stored. To see exactly how your data is processed when you click the Flattr button, users can visit https://flattr.com/privacy.
When you contact us (for example, by contact form, email, telephone or via social media), the types of user information gathered and its processing are in accordance with. Art. 6 para. 1 lit. b) GDPR. User information may be stored in a Customer Relationship Management System (“CRM System”) or comparable system to organize contact requests.
We delete contact requests if they are no longer required. We check the necessity of further storing such requests every two years; furthermore, legal archiving obligations apply.
In the following we inform you about the contents of our newsletter as well as our newsletter sign-up, sendout and statistical evaluation procedures, as well as your right of objection. By subscribing to our newsletter, you agree to receive newsletters and to the procedures described below.
Content of the newsletter: We send newsletters, emails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or with legal permission. The consent of the recipients is necessary for registration, and the newsletter content is described concretely. Incidentally, our newsletter contains information about our services and our company.
Double opt-in and logging: Sign-up for our newsletter is carried out in a so-called double-opt-in procedure. After registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. Your registration for the newsletter will be logged in order that we can prove the registration process took place according to the legal requirements. This includes storing login and the confirmation time as well as the IP address. Likewise, we log any changes to your data stored with the shipping service provider.
Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to provide us with your name so we can use it in the newsletter for personal address.
Newsletter send out and the associated performance measurement are based on a consent of the recipients according to Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 Abs. 2 No. 3 UWG or, if consent is not required, based on our legitimate interests in direct marketing according to Art. 6 para. 1 lt. F. GDPR together with § 7 para. 3 UWG.
Logging the details of the registration process is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f GDPR. Our interest lies in the use of a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users and also allows us to prove our consent.
Termination / Revocation – You may terminate the receipt of our newsletter at any time, ie., revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may save the submitted email addresses for up to three years before we delete them; this is based on our legitimate interest to prove prior consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of consent is confirmed.
Newsletter sendout service provider
The newsletter service provider may use the data of the recipients in pseudonymous form, i.e., without assignment to a user, to optimize or improve their own services, e.g. for the technical optimization of shipping and the presentation of newsletters or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to address them themselves or to pass the data on to third parties.
Newsletter – Success Measurement
The newsletters contain a so-called “web-beacon”, which is a pixel-sized file that is retrieved from the server when the newsletter is opened from our server, or if we use a shipping service provider. This call will initially collect technical information, such as information about the browser and your system, as well as your IP address and time of retrieval.
This information is used to improve the technical performance of services based on their specifications or audience and their reading habits, based on their locations (which can be determined using the IP address) or access times. Statistical surveys also include determining if the newsletters were opened, when they were opened and which links were clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our goal nor, if used, that of the service provider, to observe individual users. The evaluations allow us to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
A separate revocation of consent to this performance measurement is unfortunately not possible; in this case, the entire newsletter subscription must be terminated.
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to its use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: http: // tools .google.com / dlpage / gaoptout? hl = en.
The personal data of users will be deleted or anonymized after 14 months.
Integration of services and contents of third parties
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR), we make use of content or services offered by third-party providers in order to provide their content and services, such as videos or fonts (collectively referred to as “content”).
This presupposes that the third-party providers of this content are able to detect the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required to present this content to you. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.
Use of Facebook social plugins
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) f. GDPR) we use social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (“Facebook”). The plugins can represent interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on blue tile, the terms “Like”, “Like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/
Facebook is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user invokes a feature of this online offering that includes such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the device of the user and incorporated by him into the online offer. In the process, user profiles can be created from the processed data. We have no influence on the amount of data that Facebook collects with the help of this plugin and we therefore inform the users according to our knowledge.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins – for example, press the Like button or leave a comment – the information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save the IP address. According to Facebook, only an anonymous IP address is stored in Germany.
If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook and delete his cookies before using our online offer. Other settings and inconsistencies regarding the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American site http://www.aboutads.info / choices / or the EU page http://www.youronlinechoices.com/. The settings are platform independent, i.e., they apply on all devices, such as desktop computers or mobile devices.
Within our online offering, features and content of the Twitter service offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, may be incorporated. For this, content such as e.g. images, videos, or text and buttons may allow users to share content from this online offering within Twitter.
If the users are members of the platform Twitter, Twitter can assign the above-mentioned contents and functions to the profiles of the users there. Twitter is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active).