data protection
Data protection
This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter collectively referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
If you have any questions about data protection, you can reach us on weekdays from 10:00 a.m. to 6:00 p.m
on the telephone number 05082 278 98 50 and on the email: info@elmox.de
Responsible person:
ELMOX
Owner: Rick Bufe
Am Flootgarten 6 A
29364 Langlingen
Tel.: 05082 278 98 50
info@elmox.de
www.elmox.de
VAT ID: DE309622613
Types of data processed:
Inventory data, contact data, content data, contract data, payment data, usage data, meta/communication data
Processing of special categories of data (Art. 9 Para. 1 GDPR)
No special categories of data are processed.
Categories of persons affected by the processing:
– Customers, interested parties, visitors and users of the online offer, business partners.
– Visitors and users of the online offering.
Below we refer to the affected persons collectively as “users”.
Purpose of processing:
– Provision of the online offer, its content and shop functions.
– Provision of contractual services, service and customer care.
– Answering contact requests and communicating with users.
– Marketing, advertising and market research.
- Safety measures.
As of: December/2021
1. Terminology used
1.1. “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); A natural person is considered identifiable if he or she 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 (e.g. cookie) or one or more special features, which are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
1.2. “Processing” means any operation or series of operations carried out on personal data, whether or not by automated means. The term is broad and encompasses virtually every way data is handled.
1.3. The “controller” is the natural or legal person, public authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
2. Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for 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 Article 6 Paragraph 1 Letter a and Article 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well Answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art 6 Paragraph 1 Letter f GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.
3. Changes and updates to the privacy policy
We ask you to regularly inform yourself about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
4. Security measures
4.1. We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk; The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, distribution, ensuring availability and its separation. We have also set up procedures to ensure that the rights of those affected are exercised, data are deleted and data are at risk. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).
4.2. The security measures include, in particular, the encrypted transmission of data between your browser and our server.
5. Disclosure and Transfer of Information
5.1. If, as part of our processing, we disclose data to other people and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this only takes place on the basis of legal permission (e.g. if the data is transferred to third parties, as to payment service providers, in accordance with Art. 6 Paragraph 1 lit - and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual obligations, administrative tasks and obligations).
5.2. If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.
6. 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 occurs as part of the use of third-party services or disclosure or transmission of data to third parties, this will only occur if it is 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 only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level that corresponds to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
7. Rights of data subjects
7.1. You have the right to request confirmation as to whether the data in question is being processed and to receive information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
7.2. You have accordingly. Art. 16 GDPR gives you the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.
7.3. In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.
7.4. You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
7.5. In accordance with Article 77 of the GDPR, you also have the right to lodge a complaint with the responsible supervisory authority.
8. Right of withdrawal
You have the right to revoke your consent in accordance with Article 7 Paragraph 3 of the GDPR with effect for the future.
9. Right to object
You can object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection can in particular be made against processing for direct advertising purposes.
10. Cookies and right to object to direct advertising
10.1. “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 information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be saved if users visit it after several days. The interests of users can also be stored in such a cookie, which is used for range measurement or marketing purposes. Cookies from providers other than the person responsible who operates the online offering are referred to as “third-party cookies” (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).
10.2. We use temporary and permanent cookies and explain this in our data protection declaration.
If 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. Saved cookies can be deleted in the browser's system settings. The exclusion of cookies can lead to functional restrictions of this online offer.
10.3. A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ can be explained. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that not all functions of this online offer may then be able to be used.
11. Deletion of data
11.1. The data we process will be deleted or its processing will be restricted in accordance with Articles 17 and 18 of the GDPR. 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 legal retention obligations. Unless the data is deleted because it is required for other legally permissible purposes, its processing will be 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 reasons.
11.2. Germany: According to legal requirements, storage is carried out in particular for 6 years in accordance with Section 257 Paragraph 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 Paragraph 1 AO (books, records , management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc
12. Order processing in the online shop and customer account
12.1. We process our customers' data as part of the ordering process in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery or execution.
12.2. The data processed includes inventory data, communication data, contract data, payment data and the data subjects include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services as part of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
12.3. Processing is carried out on the basis of Article 6 Paragraph 1 Letter b (Execution of ordering processes) and c (Lawfully required archiving) GDPR. The information marked as necessary is required to establish and fulfill the contract. We only transmit personal data to third parties if this is necessary as part of the contract processing, for example to the company entrusted with the delivery of the goods or the credit institution entrusted with the payment processing. The data will not be transmitted further or will only be transmitted if you have expressly agreed to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.
12.4. Users can optionally create a user account, in particular by being able to view their orders. As part of registration, the required mandatory information is provided to users. User accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, unless their retention is necessary for commercial or tax law reasons in accordance with Article 6 (1) (c) GDPR. Information in the customer account remains until it is deleted and subsequently archived in the event of a legal obligation. It is the users' responsibility to back up their data before the end of the contract if the contract is terminated.
12.5. As part of the registration and re-registration process as well as the use of our online services, we store 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 protection against misuse and other unauthorized use. In principle, 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 Article 6 (1) (c) GDPR.
12.6. The deletion takes place after the expiry of statutory warranty and comparable obligations; the necessity of storing the data is checked every three years; In the case of legal archiving obligations, deletion occurs after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligations); Information in the customer account remains until it is deleted.
13. Business analyzes and market research
13.1. In order to operate our business economically and to recognize market trends, customer and user wishes, we analyze the data we have on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 Para. 1 lit. f. GDPR, whereby the persons affected include customers, interested parties, business partners, visitors and users of the online offering. The analyzes are carried out for the purpose of business evaluations, marketing and market research. We can take into account the profiles of registered users with information about their purchasing processes, for example. The analyzes help us to increase user-friendliness, optimize our offering and improve business efficiency. The analyzes are for our sole purpose and are not disclosed externally unless they are anonymous analyzes with summarized values.
13.2. If these analyzes or profiles are personal, they will be deleted or anonymized when the user terminates their contract, otherwise after two years from the conclusion of the contract. Furthermore, the overall business analyzes and general trend determinations are created anonymously if possible.
14. Contact Us and Customer Service
14.1. When you contact us (via contact form or email), the user's information will be processed to process the contact request and process it in accordance with Article 6 Paragraph 1 Letter b) GDPR.
14.2. User information can be stored in our customer relationship management system (“CRM system”) or comparable inquiry organization.
14.3. We delete the requests if they are no longer necessary. We review the necessity every two years; We permanently store inquiries from customers who have a customer account and refer to the customer account details for deletion. The statutory archiving obligations also apply.
15. Collection of access data and log files
15.1. Based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f of the GDPR, we collect data about 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 previously visited page), IP address and the requesting provider .
15.2. Log file information is stored for security reasons (e.g. to investigate acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.
16. Online social media presence
16.1. Based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f of the GDPR, we maintain online presences within social networks and platforms in order to be able to communicate with 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.
16.2 Unless otherwise stated in our data protection declaration, we process users' data if they communicate with us on social networks and platforms, e.g. write posts on our online presence or send us messages.
17. Communication via post, email, fax or telephone
17.1 We use means of distance communication, such as post, telephone or email, to conduct business and for marketing purposes. We process inventory data, address and contact data as well as contract data from customers, participants, interested parties and communication partners.
17.2 Processing is carried out on the basis of Article 6 Paragraph 1 Letter a, Article 7 GDPR, Article 6 Paragraph 1 Letter f GDPR in conjunction with legal requirements for advertising communications. Contact will only be made with the consent of the contact partner or within the scope of legal permissions and the processed data will be deleted as soon as they are not required and otherwise with objection/revocation or cessation of the authorization bases or legal archiving obligations.
18. Integration of third-party services and content
18.1. Within our online offering, we use content or service offerings from third-party providers based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR) in order to improve their content and To integrate services such as videos or fonts (hereinafter referred to as “content”). This always assumes that the third party providers of this content are aware of the user's IP address, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third parties may also use so-called pixel tags (invisible graphics, also known 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 can also be stored in cookies on the user's device and can contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offering, as well as can be linked to such information from other sources.
18.2. The following presentation provides an overview of third-party providers and their content, along with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, objection options (so-called opt-out).
– If our customers use third-party payment services (e.g. PayPal or Sofortüberweisung), the terms and conditions and data protection notices of the respective third-party providers apply, which can be accessed within the respective websites or transaction applications.
– External fonts from Google, LLC., https://www.google.com/fonts (“Google Fonts”). The integration of Google Fonts occurs through a server call at Google (usually in the USA). Data protection declaration: https://policies.google.com/privacy , opt-out: https://adssettings.google.com/authenticated .
– Videos from the “YouTube” platform of the third-party provider Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/ , opt-out: https://www.google.com/settings/ads/ .