Privacy policy
PRIVACY POLICY
§ 1 General
Your personal data (e.g. , title, name, address, e-mail address, telephone number, bank details, credit card number) will only be processed by us in accordance with the provisions of German data protection law and the data protection law of the European Union (EU). In addition to the processing purposes, recipients, legal bases, storage periods, the following regulations also inform you about your rights and the person responsible for your data processing. This data protection declaration refers only to our web pages. If you are forwarded to other pages via links on our pages, please inform yourself there about the respective handling of your data.
§ 2 Data processing for contract fulfillment
(1) Purpose of processing
Your personal data, which you provide to us in the ordering process, are required for the conclusion of a contract with us. You are not obliged to provide your personal data. However, we cannot send you the goods without notification of your address. For some payment procedures, we require the necessary payment data to be passed on to a payment service provider commissioned by us. The processing of your data entered in the ordering process is therefore for the purpose of fulfilling the contract.
If you send us an inquiry by e-mail, via a contact form, etc. before the conclusion of the contract, we process the data received in this way for the purpose of carrying out pre-contractual measures and answering your questions about our products, for example .
(2) Legal basis
The legal basis for this processing is Art. 6 para. 1 b) DSGVO.
(3) Recipient categories
Payment service provider, shipping service provider, hosting provider, if applicable merchandise management system, if applicable suppliers (dropshipping).
(4) Storage period
We store the data required for the execution of the contract until the expiry of the statutory warranty and, if applicable, contractual guarantee periods.
We store the data required by commercial and tax law for the periods specified by law, regularly ten years (cf. § 257 HGB, § 147 AO).
The data processed for the implementation of pre-contractual measures are deleted as soon as the measures have been carried out and there is no recognizable conclusion of a contract.
§ 3 Comments
(1) Purpose of processing
There is the possibility to write a comment. Your data (e.g. name/pseudonym, e-mail address, website) will then only be processed for the purpose of publishing your comment.
(2) Legal basis
The legal basis for this processing is Art. 6 para. 1 f) DSGVO.
(3) Legitimate interest
Our legitimate interest is the public exchange of user opinions on certain topics and products. The publication serves, among other things, transparency and opinion formation. Your interest in data protection is preserved, as you can publish your comment under a pseudonym.
(4) Storage period
A specific storage period is not provided for. You can request the deletion of your comment at any time.
(5) RIGHT OF OBJECTION
You have the right to object at any time to data processing that is carried out on the basis of Art. 6 (1) f) DSGVO and does not serve direct advertising for reasons that arise from your particular situation.
In the case of direct advertising, on the other hand, you may object to the processing at any time without giving reasons.
§ 4 PayPal transactions
Please note that all PayPal transactions are subject to the PayPal privacy policy:
https://www.paypal.com/de/webapps/mpp/ua/privacy-full
§ 5 Credit assessment
Credit check
Our company regularly checks your creditworthiness when concluding contracts and in certain cases, in
which there is a legitimate interest, also for existing customers. For this purpose
we cooperate with Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss,
from which we receive the data required for this purpose. On behalf of Creditreform Boniversum,
we inform you in advance about the following information according to Art. 14 EU-DSGVO:
Creditreform Boniversum GmbH is a consumer credit agency. It operates a
database in which creditworthiness information about private individuals is stored.
On this basis, Creditreform Boniversum provides creditworthiness information to its customers.
customers include, for example, credit institutions, leasing companies, insurance companies,
telecommunications companies, receivables management companies, mail order,
wholesale and retail companies, and other companies that supply goods or services
. Within the framework of the legal provisions, part
of the data available in the credit reference database is also used to supply other
company databases, including for use for address trading purposes.
In the Creditreform Boniversum database, information is stored
in particular about the name, address, date of birth, e-mail address if applicable,
payment history and shareholding relationships of persons. The purpose of processing
the stored data is to provide information about the creditworthiness of the
requested person. The legal basis for the processing is Art. 6 para. 1f EU-DSGVO.
Accordingly, information about this data may only be provided if a customer credibly demonstrates a
legitimate interest in knowing this information. If
data is transferred to countries outside the EU, this is done on the basis of the so-called
"Standard Contractual Clauses", which you can view at the following link:
http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32001D0497&from=DE
or have them sent to you from there.
The data will be stored as long as their knowledge is necessary for the fulfillment of the purpose of
storage. As a rule, knowledge is necessary for a storage period
of initially four years. After expiry, a check is made as to whether storage
is still necessary, otherwise the data is deleted on a day-by-day basis. In the event that a
matter is settled, the data will be deleted to the day three years after settlement. Entries
in the debtors' register will be deleted on a daily basis in accordance with Section 882e of the German Code of Civil Procedure (ZPO) after three years have elapsed since the
date of the entry order. Further details can be found in the "Rules of Conduct for the Verification and
Deletion Periods of Personal Data by German Credit Reporting Agencies"
established by the
association "Die Wirtschaftsauskunfteien e.V.".
Legitimate interests within the meaning of Art. 6 (1f) EU-DSGVO can be
: credit decision, business initiation, investment relationships, claim,
credit assessment, insurance contract, enforcement information.
You have a right to information from Creditreform Boniversum GmbH about the
data stored there about you. If the data stored about you
should be incorrect, you have a right to correction or deletion. If it cannot be determined immediately
whether the data is incorrect or correct, you have a
right to block the respective data until clarification. If your data is incomplete, you may request
that it be completed.
If you have given your consent to the processing of
data stored by Creditreform Boniversum, you have the right to revoke this consent at any time. By
the revocation, the legality of the processing of your data carried out on the basis of your consent until any
revocation is not affected.
If you have any objections, requests or complaints regarding data protection, you can contact
the data protection officer of Creditreform Boniversum at any time. This person will
help you quickly and confidentially with all data protection issues. You can also
complain about the processing of data by Boniversum to the state data protection officer responsible for your state
.
The data that Creditreform Boniversum has stored about you originates from publicly
accessible sources, from debt collection companies and from their customers.
In order to describe your creditworthiness, Creditreform Boniversum creates a score value
for your data. The score value includes data on age and gender, address data and, in some cases,
payment experience data. These data flow with different weighting into the
score calculation. Creditreform Boniversum clients use the score values as
aids in making their own credit decisions.
Right of objection:
The processing of data stored by Creditreform Boniversum is carried out for
compelling reasons worthy of protection of creditors and credit protection, which regularly outweigh your
interests, rights and freedoms or serves the assertion,
exercise or defense of legal claims. You can only object to Creditreform Boniversum processing your data
for reasons that arise from
a special situation that exists with you and that must be proven
. If such special reasons can be proven, the data will no longer be processed there
.
The responsible party within the meaning of Art. 4 No. 7 EU-DSGVO is Creditreform Boniversum GmbH,
Hellersbergstr. 11, 41460 Neuss, Germany. Your contact person in our company is the Consumer
Service, Tel.: 02131 36845560, Fax: 02131 36845570, E-Mail: selbstauskunft@boniversum.de.
You can reach our data protection officer at the following contact details: Creditreform
Boniversum GmbH, Data Protection Officer, Hellersbergstr. 11, 41460 Neuss, e-mail:
datenschutz@boniversum.de.
§ 6 Web analysis with Google Analytics
(1) Purpose of processing
This website uses Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. In the event that IP anonymization is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.
(2) Legal basis
The legal basis for this processing is Art. 6 para. 1a) DSGVO.
(3) Recipient categories
Google and its partner companies.
(4) Transfer to a third country
Google Ireland Limited is a company affiliated with Google LLC. Google LLC is located in the USA (1600 Amphitheatre Parkway, Mountain View, CA 94043).
(5) Storage period
14 months
(6) RIGHT OF OBJECTION
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: optout
You can also prevent the collection by setting an opt-out cookie. If you would like to prevent the future collection of your data when visiting this website, please click here: Deactivate Google Analytics
§ 7 Web analysis
Google Remarketing
This website uses the remarketing function of Google Inc ("Google").
The function is used to present interest-based advertisements to website visitors as part of the Google advertising network. The browser of the website visitor stores cookies that enable the visitor to be recognized when he or she visits websites that belong to Google's advertising network. On these pages, the visitor can then be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google's remarketing function.
If you do not wish to use the Google remarketing function, you can generally deactivate it by making the appropriate settings at http://www.google.com/settings/ads. Alternatively, you can deactivate the use of cookies for interest-based advertising via the advertising network initiative by following the instructions at http://www.networkadvertising.org/managing/opt_out.asp. Further information on Google Remarketing and Google's privacy policy can be found at: http://www.google.com/privacy/ads/.
Use of a Facebook Pixel (Facebook Custom Audiences):
Furthermore, we use the so-called "Facebook pixel" of Facebook Inc ("Facebook") on our website. This allows interest-based advertisements ("Facebook Ads") to be displayed to users of our website when they visit the social network Facebook or other websites that also use the method. Through the Facebook pixel, your browser automatically establishes a direct connection with the Facebook server. We have no influence on the scope and further use of the data collected by Facebook through the use of this tool and therefore inform you according to our state of knowledge: Through the integration of the Facebook pixel, Facebook receives the information that you have clicked on an ad from us or called up the corresponding website of our Internet presence. If you are registered with a Facebook service, Facebook can assign the visit to your account. Even if you are not registered with Facebook or have not logged in, there is a possibility that the provider will learn and store your IP address and other identifiers.
With the use of the Facebook pixel, we pursue the purpose of displaying Facebook ads placed by us only to those Facebook users who have also shown an interest in our Internet offer. With the help of the Facebook pixel, we would like to ensure that our Facebook ads correspond to the potential interest of the users. In addition, we can use the Facebook pixel to track the effectiveness of Facebook ads for statistical purposes, in which we can see whether users were redirected to our website after clicking on a Facebook ad.
The legal basis for the use of the Facebook Pixel is Art. 6 para. 1 lit. f DSGVO.
Third-party provider information: Facebook Inc, 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; further information on data collection:
http://www.facebook.com/help/186325668085084 http://www.facebook.com/about/privacy/your-info-on-other#applications
and http://www.facebook.com/about/privacy/your-info#everyoneinfo
Use of WhatsApp Business
WhatsApp is part of the Facebook group and is a Facebook Inc. company, 1601 S. California Ave, Palo Alto, CA 94304, USA. WhatsApp Inc. and Facebook Inc. have submitted to the "Privacy Shield" agreement reached between Germany and the USA. With this agreement, it was assured that the requirements of the Privacy Shield correspond to the level of data protection in the European Union. WhatsApp collects a range of data such as display name, contact, phone number, status, profile picture, location, pictures, videos, and metadata. Since a data transfer of your data (contact data) by Facebook in the USA is possible, every data subject is given the opportunity to inform himself about this fact and to cancel the contact setup at this point.
Further information on data protection at WhatsApp, Inc. can be found at https://www.whatsapp.com/legal/#privacy-policy.
Further information on data protection at Facebook, Inc. can be found at https://de-de.facebook.com/business/gdpr.
For more information on data protection in Europe at WhatsApp Business, Inc. please visit https://www.whatsapp.com/legal/business-data-processing-terms
We use the messenger service WhatsApp Business from Facebook in our company. Communication takes place via a separate end device that only has access to the contacts who have made contact with us - E-M-C-Direct GmbH & Co. KG. Therefore, there is no access to our contact database.
This ensures that each person whose WhatsApp contact data is stored in our address book has already consented to the transmission of his WhatsApp telephone number from the address books of his chat contacts in accordance with Art. 6 (1) lit. a DSGVO when using the app on his device for the first time by accepting the WhatsApp terms of use. A transmission of data of such users who do not use WhatsApp and/or have not contacted us via WhatsApp is excluded in this respect.Please note that WhatsApp Business receives access to the address book of the mobile device used by us for this purpose and automatically transmits phone numbers stored in the address book to a Facebook server in the USA.
We record your message history via WhatsApp with us so that you can continue your request or read information and to improve our service. In some cases, we need data to process your request. Your data will only ever be used to respond to your request via WhatsApp. It will not be passed on to third parties.
We store:
- the message history between you and E-M-C-Direct GmbH & Co KG
- Your name, customer number and phone number (among other things, in the address book of the smartphone as an identifier)
- Your response to the data protection notice
- the personal date of your telephone number in order to better process customer - and interest inquiries about products.
Processing Purpose We process your personal data that you provide to us via WhatsApp to respond to and fulfill your requests.
By replying to our first message with "START", you confirm your registration for our WhatsApp chat.
If you want us to delete the chat history, simply write "I want to delete the chat history". In case you want us to delete your contact on the smartphone, send us "I want to delete my data".
Your objection and deletion of your data will take effect after a few days. We are responsible for deleting the history and data from our terminal device.
SalesViewer
On this website, data is collected and stored for marketing, market research and optimization purposes using the SalesViewer® technology of SalesViewer® GmbH on the basis of legitimate interests of the website operator (Art. 6 para.1 lit.f DSGVO).
For this purpose, a javascript-based code is used to collect company-related data and the corresponding usage. The data collected using this technology is encrypted using a non-reversible one-way function (known as hashing). The data is immediately pseudonymized and is not used to personally identify the visitor to this website.
The data stored as part of Salesviewer will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations.
You can object to the collection and storage of data at any time with effect for the future by clicking on this link https://www.salesviewer.com/opt-out to prevent the collection by SalesViewer® within this website in the future. In doing so, an opt-out cookie for this website will be placed on your device. If you delete your cookies in this browser, you must click this link again.
§ 8 Information about cookies
(1) Processing purpose
Technically necessary cookies are used on this website. These are small text files that are stored in or by your Internet browser on your computer system. These cookies enable, for example, to add several products to a shopping cart.
(2) Legal basis
The legal basis for this processing is Art. 6 para.1 f) DSGVO.
(3) Legitimate interest
Our legitimate interest is the functionality of our website. The user data collected through technically necessary cookies are not used to create user profiles. This protects your interest in data protection.
(4) Storage period
The technically necessary cookies are usually deleted when the browser is closed.Permanently stored cookies have a varying lifespan from a few minutes to several years.
(5) RIGHT OF OBJECTION
If you do not wish these cookies to be stored, please deactivate the acceptance of these cookies in your Internet browser. However, this may result in a functional restriction of our website. You can also delete permanently stored cookies at any time via your browser.
§ 9 Newsletter
(1) Purpose of processing
When you register for the newsletter, your e-mail address will be used for advertising purposes, i.e. . Within the scope of the newsletter, we will inform you in particular about products from our range. For statistical purposes, we can evaluate which links are clicked in the newsletter. In doing so, it is not recognizable for us which specific person has clicked. You have expressly given the following consent separately or, if applicable, in the course of the ordering process: Subscribe to newsletter
(2) Legal basis
The legal basis for this processing is Art. 6 para. 1 a) DSGVO.
(3) Recipient categories
if applicable, newsletter dispatch provider
(4) Storage period
Your e-mail address will only be stored for the newsletter dispatch for the duration of the requested registration.
(5) Right of revocation
You can revoke your consent at any time with effect for the future. If you no longer wish to receive the newsletter, you can unsubscribe as follows: Via an unsubscribe link in the newsletter
§ 10 Your rights as a data subject
If personal data is processed by you, you are a data subject in the sense of the DSGVO and you are entitled to the following rights against us as the responsible party:
1. Right to information
You can request information about your personal data processed by us within the scope of Art. 15 DSGVO.
2. Right to rectification
If the information concerning you is not (or no longer) accurate, you may request a correction in accordance with Art. 16 DSGVO. If your data is incomplete, you can request that it be completed.
3. Right to deletion
You can request the deletion of your personal data under the conditions of Art. 17 DSGVO.
4. Right to restriction of processing
You have the right, under the conditions of Art. 18 DSGVO, to request restriction of the processing of data concerning you.
5. Right to data portability
In accordance with Art. 20 DSGVO, you have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller.
6. Right to revoke the declaration of consent under data protection law
In accordance with Art. 7 (3) DSGVO, you have the right to revoke your declaration of consent under data protection law at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
7. Right to complain to a supervisory authority
If you believe that the processing of personal data concerning you violates the GDPR, you have the right to lodge a complaint with a supervisory authority (in particular in the Member State of your residence, workplace or the place of the alleged infringement) in accordance with Article 77 of the GDPR.
Please also note your right to object according to Art. 21 DSGVO:
a) In general: justified objection required
If the processing of personal data concerning you is carried out
- for the protection of our overriding legitimate interest (legal basis according to Art. 6 (1) f) DSGVO) or
- in the public interest (legal basis according to Art. 6 (1) e) DSGVO),
you have the right to object to the processing at any time on grounds relating to your particular situation; this also applies to profiling based on the provisions of the DSGVO.
In the event of an objection, we will no longer process the personal data concerning you, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
b) Special case of direct marketing: simple objection is sufficient
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object to such processing at any time and without giving reasons; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
Person responsible for data processing:
E-M-C-direct GmbH & Co. KG
Salierweg 14
46286 Dorsten
Phone: +49 (0)2369 984690
shop@emc-direct.de
