Privacy Policy

Who we are

Responsible Persons for service and content (§ 55 Abs. 2 RStV – Germany)
Deborah und Michael Bickel GbR
Obere Bergstr. 8
34582 Borken

Presented by:
Frau Deborah Bickel
Herr Michael Bickel
E-Mail: marketing[at]esmb.de

Tax-ID: DE 192047044 (in accordance with §27 a Tax-Law – Germany)
(stated in accordance with § 5 TMG – Germany)

This Privacy Policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as “Data”) within our online services and the related websites, features and content, as well as external online presence, e.g. our Social Media Profiles (collectively referred to as “Online Services”). With regrd to the terminology used, e.g. “Processing” or “Responsible”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Types of Processed Data

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 service (later referred to as “users”).

Purpose of Processing

Provision of the online service, its functions and contents.
Answering contact requests and communicating with users.
Safety measures.
Statistical analysis, Audience measurement and Marketing

Used terms

“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. cookie) or to one or more special features, that express the 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 goes far and includes virtually every handling of data.

“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.

Relevant Legal Bases

In accordance with Art. 13 GDPR, we 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 as legal basis.

Collaboration with contract processors and third parties

If, in the context of our processing, we may disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) GDPR to fulfill the contract), you have consented to a legal obligation or based on our legitimate interests (e.g. the use of agents, webhosters, etc.).

If we commission third parties to process data on the basis of a so-called “contract 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 in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is 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. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (e.g. for the US through the Privacy Shield) or in 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 accordingly. Art. 16 GDPR the right to demand the completion of the data concerning you or the correction of the 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 request their transmission to other persons responsible.

You have gem. Art. 77 GDPR the right to file a complaint with the competent supervisory authority.

Right to Withdraw

You have the right to withdraw consent in accordance with. Art. 7 para. 3 GDPR with effect for the future.

Right to Object

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.

Cookies and the Right to Oppose to Direct Mail

“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 service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart in an online shop or a login status are saved. 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 a user visits it after several days. Likewise, in such a cookie the interests of the users can be stored, 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 service (otherwise, if it is only their cookies, this is called “first-party cookies”).

We may use temporary and permanent cookies and clarify this in the context of our privacy policy.

If users do not want cookies stored on their computer, they are able 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 service.

A general contradiction to the use of the cookies used for the purpose of online marketing can be found in a variety of services, especially in the case of tracking, on the US site http://optout.aboutads.info or the EU page http: //www.youronlinechoices .com . Furthermore, the storage of cookies can be prevented by switching them off in the settings of your browser. Please note that not all features of this online service may then be available.

Deletion of Data

The data processed by us are deleted or limited in their processing in accordance with Articles 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their purpose and the deletion does not conflict with any statutory storage requirements. If the data needs to be retained because it is required for other and legitimate purposes, its processing will be restricted. This applies, for example for data that must be kept for commercial or tax reasons.

According to legal requirements in Germany, storage takes place in particular for 6 years pursuant to § 257 paragraph 1 HGB (trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting documents, etc.) and for 10 years in accordance with § 147 Abs. 1 AO (books, records, Management reports, accounting documents, trade and business letters, documents relevant to taxation, etc.).

Business Related Processing

In addition we process

  • Contract data (e.g., subject, term, customer category).
  • 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.

Hosting

The hosting services we use are for the purpose of providing the following services: infrastructure and platform services, computing capacity, storage and database services, security and technical maintenance services we use to operate this online service.

Here we, or our hosting providers, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in an efficient and secure provision of this online service acc. Art. 6 para. 1 lit. f GDPR i.V.m. Art. 28 GDPR (conclusion of contract processing contract).

Collection of access data and log files

We, or our hosting provider, collects, on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR, data on every access to the server on which this service is located (so-called server log files). The access data includes the name of the retrieved website, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (previously visited page), anonymized IP address and the requesting party provider.

Log file information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 7 days, or 60 days for access logs, and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.

Amazon Affiliate Program

On the basis of our legitimate interests (i.e. interest in the economic operation of our online service within the meaning of Art. 6 (1) lit. GDPR) we are participants in the Amazon EU Affiliate Program, which is designed to provide a medium for websites by means of which the placement of advertisements and links to Amazon.de advertising commission can be earned (so-called affiliate system). Amazon uses cookies to track the origin of orders. Among other things, Amazon may recognize that you have clicked the affiliate link on this site and subsequently purchased a product from Amazon.

For more information about Amazon’s data usage and opt-out options, please read the company’s privacy policy: https://www.amazon.com/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=201909010 .

Integration and Use of Affiliate Programs

We participate in various affiliate programs, called affiliate networks. As part of this participation, our advertisements may include banners and links to the participating affiliate program online service through which we can earn money through advertising or sales commissions. The respective affiliate programs use cookies in order to understand the origin of the orders and to be able to determine that our partner link on our website has been clicked by you.

The storage of the affiliate program cookies is based on our legitimate interests (ie interest in the economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR). The website operators have a justified interest in this, since only through the cookies the amount of its affiliate remuneration can be determined and the handling of commission payments between a partner program and us is made possible.

You can prevent the storage of a cookie on our website at any time by means of a corresponding setting in the respective browser used and thus permanently disagree, as described in the section “Cookies and right of objection for direct mail”. Already set cookies can be deleted at any time via an internet browser or other software programs.

Affiliate Partners we may be found to use on our Web Sites:
Avangate, De Cuserstraat 93, 2nd floor, 207-208 office, 1081 CN Amsterdam, Netherlands (Privacy Policy)
Cleverbridge, Gereonstr. 43-65, 50670 Köln, Germany – Privacy Policy »
MyCommerce, Digital River GmbH, Scheidtweilerstr Str. 4, 50933 Köln, Deutschland (Privacy Policy)
Wix.com Ltd., Namal 40, 6350671 Tel Aviv – (Privacy Policy)
Envato Pty Ltd., 121 King Street, Melbourne, Victoria 3000 Australia (Privacy Policy)
SeedingUp GmbH, Daimlerstraße 73, 70372 Stuttgart (Privacy Policy)

Contact

When contacting us (for example, by contact form, e-mail, telephone or via social media) the information of the user to process the contact request and its processing in accordance with. Art. 6 para. 1 lit. b) GDPR processed. User information can be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization.

We delete the requests, if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.

Comments and posts

If users leave comments or other contributions, their IP addresses are based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR saved. This is for our own safety, 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.

Alle pre DSGVO Kommentare sind von unserer Webseite unwiederruflich gelöscht. Wenn wieder Online wird unsere neue Kommentarfunktion nur mit Besucher-Einwilligung präsentiert. Wir freuen uns dies in Gang zu setzen in naher Zukunft.

Protection against abuse of comments by Antispam Bee
We use Antispam Bee to protect comments, trackbacks and pingbacks from abuse (as defined by our legitimate interest, Art. 6 (1) lit. GDPR). Antispam Bee is a German / Switzerland developed open source WordPress plugin, which distinguishes comments of real persons from spam comments. For data protection reasons, we do not use the function of checking IP addresses against public spam databases.

You can completely prevent the transfer of data in comments by not using our commenting system.

Range measurement with Matomo (Piwik)

We use Matomo (Piwik) analysis Tools, running from our host provider, for statistical purposes. As part of Matomo’s range analysis, the following data is processed on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online services as defined in Art. 6 (1) lit. GDPR): the type of browser you use and the browser version, the operating system you are using, your country of origin, the date and time of the server request, the number of visits, how long you have spent on the site, and the external links you have activated. The IP address of the users is anonymized before being saved.

Matomo uses cookies that are stored on users’ computers and that allow an analysis of how users use our online services. In this case, pseudonymous user profiles can be created from the processed data. The cookies have a retention period of one week. The information generated by the cookie about your use of this website will only be stored on our server and will not be passed on to third parties.

Users can object to the anonymized data collection by the program Matomo at any time with effect for the future by clicking on the link below. In this case, a so-called opt-out cookie is stored in your browser, with the result that Matomo no longer collects session data. If users delete their cookies, however, this means that the opt-out cookie is also deleted and must therefore be reactivated by the users.

Online Presence in Social Media

We may maintain an online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.

Unless otherwise stated in our Privacy Policy, we process users’ data as long as they communicate with us within social networks and platforms, e.g. Write posts on our online presence or send us messages.

Integration of Third Party Services and Content

Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online service within the meaning of Art. 6 (1) lit. GDPR), we may Link in or integrate third-party content or services, e.g. Statistical Diagrams, Videos from YouTube or Fonts, in order to provide our users with relevant content (collectively referred to as “content”).

This always presupposes that the third-party providers of this content perceive the IP address of the users, since they would be unable to send the content to your browser without the IP address. The IP address is therefore required for the presentation of this type of content. We endeavor to use only content whose respective providers use the IP address solely for the purpose of delivering this content. Third parties may also use pixel tags (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 service.

Created with Datenschutz-Generator.de from RA Dr. Thomas Schwenke »
Original in german; translated and adjusted by Website owner