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Data Privacy Policy

(Last updated: 25 May 2018)

Thank you for visiting our website and for your interest in our company. The protection of your personal data is a matter of great importance to us. Below we inform you according to art. 12, 13 and 21 of the General Data Protection Regulation (GDPR) about the handling of your personal data when visiting www.smart-data-one.de and during the establishment, implementation and termination of a contract.

Personal data are individual details about personal or factual circumstances of a specific or identifiable natural person. This includes information such as the civil name, address, telephone number and date of birth.

 

I. Data Controller and data protection officer

Data controller:

Smart Data One GmbH
Stolberger Straße 108 a
50933 Köln
T +49 221 94714473
F +49 221 947147417
info@smartdataone.de

 
Data protection officer:
Tina Krämer
Stolberger Straße 108 a
50933 Köln
T +49 221 94714473
F: +49 221 947147417
datenschutz@smartdataone.de

 

 

II. Purposes and legal bases of the data processing

1. Informational use of the website

You can visit our website without providing any personal information. If you use our website for informational purposes only, i.e. do not place orders or otherwise provide us with information about yourself, we do not process any personal data, with the exception of the data that your browser transmits to enable you to visit the website.

2. Technical provision of the website

a. Purpose

For the purpose of the technical provision of the website, it is necessary that we process certain automatically transmitted information about you so that your browser can display our website and you can use the website. This information is automatically collected for each visit of our website and stored in our server log files. This information refers to the computer system of the requesting computer. The following information is collected thereby:

  • Host,
  • IP-adress
  • Date and time of the request
  • Methode of request (get/post)
  • Request
  • Protocol (e.g. http)
  • State (e.g. error message)
  • Requested amount of data
  • Referrer
  • Type of browser and operating system

Furthermore, we use cookies to make our website available to you for use. Cookies are text files that are stored in the internet browser or by the internet browser when you visit a website on your computer system. A cookie contains a characteristic string of characters that enables a unique identification of the browser when the website is called up again. We use these cookies exclusively to provide you with our website and its technical functions. Some functions of our website may not be offered without the use of cookies. Except for the purposes of statistical analysis of the use of our website, we only use session cookies. These session cookies will be deleted when you leave the website. This does not apply to log-in cookies that save your access authorization. These are automatically deleted after a period of 24 hours.

b. Legal basis

We process your personal data for the technical provision of our website on the following legal basis:

  • for the fulfilment of a contract or for the implementation of pre-contractual measures pursuant to Art. 6 para. 1 letter b GDPR, provided you visit our website to obtain information about our products, services and our events; and
  • to protect our legitimate interests pursuant to Art. 6 para. 1 letter f GDPR in order to make the website technically available to you. Our legitimate interest is to offer you an appealing, technically functioning and user-friendly online shop and to take measures to protect our online shop from cyber risks and to prevent our online shop from posing cyber risks for third parties.

3. Active use of the website

In addition to the merely informational use of our website, you can also actively use our web-site to contact us, to register for our newsletter or an event and to place an order. In addition to the above-mentioned processing of your personal data for purely informational purposes, we will then also process other personal data that we require from you in order to process and respond to your request.

a. User requests

In order to process and answer your inquiries to us, e.g. via the contact form or our e-mail address, we process your personal data provided by you in this context. In any case, this includes your name and e-mail address in order to send you an answer, as well as the other information that you send us in the context of your message.

We process your personal data in order to respond to user inquiries on the following legal basis:

  • to protect our legitimate interests pursuant to art. 6 para. 1 lit f GDPR; our legitimate interest is to answer user requests appropriately.

b. Conclusion of contract

If you order one of our products or services through our website, we process your personal data in order to accept and process your order through our website and to provide you with the products or services you have ordered. We process the information contained in the respective input forms (mandatory information are marked with "*"):

  • Email address
  • Salutation
  • Position
  • First and last name
  • Company
  • Industry
  • Street and number
  • ZIP
  • City
  • Country
  • Phone number

We process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR.

c. Registration for events

When you register for an event on our website, we process your personal data to handle your registration. We process the information from the respective input forms (mandatory information are marked with the suffix "*"):

Information regarding the company

  • Company name
  • Street
  • PO-No.
  • ZIP Code
  • City
  • Country
  • Industry, if applicable

Information regarding the participant:

  • Salutation
  • Department
  • Position
  • First and last name
  • Title, if applicable
  • Phone number
  • Email address

We process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR.

d. Newsletter registration and advertising emails

Data processing newsletter
If you register to our newsletter, we will process your provided data for the transmission of our newsletter.

Data processing advertising emails
If we have received your e-mail address in connection with the conclusion of the contract and the provision of our products or services and you have not objected to this, we reserve the right to regularly send you offers for similar products from our range of products or services by email. You can object to this use of your email address at any time by sending a message to the contact option described above or via a link provided for this purpose in the advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates.

We process your data for the dispatch of newsletters, surveys etc. and the personalization of the contacting on the following legal basis:

  • If you have given us your consent by double opt-in procedure, pursuant to art. 6 para. 1 letter a GDPR;
  • If you have provided us with your email address in connection with the purchase of products or services or if we send you personalised advertising, in order to safeguard our legitimate interests pursuant to art. 6 para. 1 letter b GDPR in connection with Sec 7 para. 3 Unfair Competition Act; our legitimate interest is based on our economic interests in the implementation of advertising measures and target group-oriented advertising.

4. Contact requests, conclusion of contract and registration for an event outside the website

If you make a contact enquiry with us, conclude a contract or register for an event and this takes place outside of our website but via other communication channels (e.g. e-mail, telephone, in person), we process your personal data which you make available to us within the framework of the conclusion of the contract or the registration and which are necessary for the conclusion of the contract and the provision of our products or services, in order to justify, implement and, if necessary, terminate our contracts/events with you, as described below:

a. Contact requests

In order to be able to process and answer your enquiries to us, e.g. by telephone, by post or to our email address, we process the personal data you provide us with in this context. In any case, this includes your name and address information, such as your e-mail address, postal address, or a fax number to send you a reply, as well as any other information you send us in the context of your message.

We process your personal data in order to respond to contact requests on the following legal basis:

  • to protect our legitimate interests pursuant to art. 6 para. 1 lit f GDPR; our legitimate interest is to answer user requests appropriately.

b. Conclusion of contract

If you order one of our products or services by telephone, post or email, we process your personal data in order to accept and process your order and to provide you with the products or services you have ordered. In any case, this includes:

  • Email address
  • Salutation
  • Position
  • First and last name
  • Company
  • Industry
  • Street and number
  • ZIP
  • City
  • Country
  • Phone number

We process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR.

c. Registration to events

When you register for an event by telephone, post or email, we process your personal data to handle your registration. In doing so, we process the personal data requested in each case. This usually includes the data already listed above.

We process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR.

5. Data processing during the performance of a contract

a. Fulfilment of the contract

As far as this is necessary in the context of the fulfilment of the contract, we process your personal data for the provision of services, e.g. to get in contact with you, to coordinate appointments, clarify enquiries and provide services.

We process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR.

b. Payment

We employ a payment service provider to process your order payment.

We process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR.

c. Order processing

In order to be able to send you the ordered products, we transmit your first and last name, contact data (address, if necessary telephone number, e-mail etc.) as well as a deviating de-livery address to the delivery service commissioned by us.

We process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR.

d. Legal compliance

We also process your personal data in order to fulfil other legal obligations that we are subject to in connection with the processing of your order. These include in particular retention periods under commercial, trade or tax law.

We process your data for the above purposes on the following legal principles

  • to fulfil a legal obligation to which we are subject pursuant to art. 6 para. 1 letter c GDPR in connection with commercial, industrial or tax law, insofar as we are obliged to record and store your data.

e. Law Enforcement

We also process your personal data in order to assert our rights and enforce our legal claims. We also process your personal data in order to be able to defend ourselves against legal claims. Finally, we process your personal data to the extent necessary to defend against or prosecute criminal offences.

We process your data for the above purposes on the following legal basis:

  • to protect our legitimate interests pursuant to art. 6 para 1 letter f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or we prevent or clarify criminal offences.

6. Credit assessment

If we provide services is advance of payment, we reserve the right to obtain credit information on the basis of mathematical-statistical procedures from the following company(s) in order to safeguard our legitimate interests:

  • Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss (www.boniversum.de)
  • BID Bayerischer Inkasso Dienst AG, Weichengereuth 26, 96450 Coburg (www.bid-coburg.de)

For this purpose, we transmit the personal data required for a credit assessment and use the information received regarding the statistical probability of payment default. The credit information can contain probability values (score values), which are calculated on the basis of scientifically accepted mathematical-statistical methods. A large number of criteria, such as in-come, address data, occupation, marital status and previous payment behavior, are used to assess the customer's future risk of non-payment. The result is expressed in the form of a payment value (so-called score). The information obtained in such way forms the basis of our decision on the conclusion, execution or termination of the contractual relationship. However, the choice of the payment methods offered does not depend on this information.
We process your data for the above purposes on the following legal basis:

  • to protect our legitimate interests pursuant to art. 6 para 1 letter f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or we prevent or clarify criminal offences. Furthermore, the legitimate interests of third parties for the protection of payment default and the avoidance of fraud.

III. Categories of recipients

Firstly, only our employees will be informed of your personal data. In addition, we share your personal data with other recipients who provide services to us in connection with our website, insofar as this is legally permitted or prescribed. We limit the transfer of your personal data to what is necessary, in particular to be able to complete your order. In some cases, our service providers receive your personal data as contract data processors and are then strictly bound by our instructions when handling your personal data. In some cases, the recipients act independently with your data, which we transmit to them.

Below, we describe the categories of recipients of your personal data

  • If applicable, payment service providers and banks, in the processing of the payment,
  • IT service provider for the administration and hosting of our website or the operation of our apps,
  • Collection agencies and legal advisors in the assertion of our claims.

IV. Transfer to third countries

We do not transfer your personal data to countries outside the EU or the EEA or to international organisations.

V. Duration of storage

1. Informational use of the website

When using our website for information purposes only, we store your personal data on our servers exclusively for the duration of your visit to our website. After you have left our web-site, your personal data will be deleted immediately. Server logs will be stored for the duration of one month.

Cookies installed by us are usually also deleted after leaving our website. However, this does not apply to log in cookies. These remain stored for the duration of 24 hours.

2. Active use of the website and other requests

If you actively use our website, we initially store your personal data for the duration of responding to your inquiry or for the duration of our business relationship. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract.

In addition, we will store your personal data until any legal claims arising from the relationship with you become time-barred, in order to use them as evidence if necessary. The limitation period is generally between 12 and 36 months, but can also be up to 30 years.

Upon expiry of the limitation period, we delete your personal data, unless there is a legal obli-gation to store such data, for example from the German Commercial Code (sec. 238, 257 para. 4 HGB) or from the Tax Code (sec. 147 para. 3, 4 AO). These retention obligations can last from two to ten years.

VI. Rights of data subjects

Under the legal provisions you are entitled to the following rights as data subject, which you can assert against us:

Right to information: You are entitled to request confirmation from us at any time within the scope of art. 15 GDPR as to whether we are processing personal data relating to you; If this is the case, you are also entitled under art. 15 GDPR to receive information about such personal data as well as other specific information (inter alia, processing purposes, categories of personal data, categories of recipients, planned storage period, the origin of the data, the use of automated decision-making and, in the case of transfers to third countries, the appropriate guarantees) and a copy of the data.

Right to correction: According to art. 16 GDPR, you are entitled to demand correction of the personal data stored about you if it is inaccurate or incorrect.

Right to deletion: You are entitled, under the conditions of art. 17 GDPR, to request from us the deletion of personal data relating to you without delay. Among other things, there is no right of deletion if the processing of personal data is necessary for (i) the exercise of the right to freedom of expression and information, (ii) the fulfilment of a legal obligation to which we are subject (e.g. statutory retention obligations) or (iii) the assertion, exercise or defence of legal claims.

Right to limitation of processing: Under the conditions of art. 18 GDPR you are entitled to request from us the limitation of the processing of your personal data.

Right to data transferability: You are entitled, under the conditions of art. 20 GDPR, to re-quest from us the provision to you of the personal data relating to you that you have submitted to us in a structured, current and machine-readable format.

Right of revocation: You have the right to revoke your consent to the processing of personal data at any time with effect for the future without incurring any costs other than the transmission costs according to the basic rates.

Right to objection: You are entitled to object to the processing of your personal data under the conditions of art. 21 GDPR, meaning that we have to terminate the processing of your personal data. The right of objection exists only within the limits provided for in art. 21 GDPR. In addition, our interests may prevent the processing from being terminated, so that we are entitled to process your personal data despite your objection.

Right of appeal to a supervisory authority: You are entitled to file a complaint with a supervisory authority, in particular in the Member State of your place of residence, work or suspected infringement, under the conditions laid down in Article 77 GDPR, if you believe that the processing of personal data concerning you infringes the GDPR. The right of appeal is not prejudicial to any other administrative or judicial remedy.

The supervisory authority responsible for us is:

Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-
Westfalen
Kavalleriestr. 2-4
40213 Düsseldorf
Telefon: 0211/38424-0
Fax: 0211/38424-10
E-Mail: poststelle@ldi.nrw.de 

However, we recommend that you always address a complaint to our data protection officer first.

If possible, your applications for the execution of your rights should be addressed in writing to the above address or directly to our data protection officer.

VII. Scope of your obligations to provide data

Generally, you are not obliged to provide us with your personal data. However, if you do not provide this information, we will not be able to make our website available to you, answer your questions and enter into a contract with you. Personal data which we do necessarily require for the above-mentioned processing purposes are marked as mandatory information by a "*" or another symbol.

VIII. Automated decision making / profiling

We do not use automated decision making or profiling (an automated analysis of your personal circumstances).


Information about your right of objection art. 21 GDPR

1. You have the right to object at any time to the processing of your data on the basis of art. 6 para. 1 f GDPR (data processing on the basis of a balance of interests) or art. 6 para. 1 e GDPR (data processing in the public interest), if there are reasons for this arising from your particular situation. This also applies to profiling based on this provision within the meaning of art. 4 No. 4 GDPR.
If you object, we will no longer process your personal data, unless we can prove compelling and applicable reasons for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

2. We also process your personal data in individual cases for direct marketing purposes. If you do not wish to receive advertising, you have the right to object to it at any time; this also applies to profiling, insofar as it is associated with such direct advertising. We will take this contradiction into account in the future.

We will no longer process your data for direct marketing purposes if you object to the processing for these purposes.

The objection can be made without formality and should be addressed to

Smart Data One GmbH
Stolberger Straße 108 a
50933 Köln
T +49 221 94714473
F +49 221 947147417
info@smartdataone.de