Privacy policy
We are very
pleased about your interest in our company. Data protection is of a
particularly high priority for the management of the Inspired Software David
Kubitsch. The use of the Internet pages of the Inspired Software David Kubitsch
is possible without any indication of personal data. However, if a data subject
wants to use special services of our enterprise via our website, processing of
personal data could become necessary. If processing of personal data is
necessary and if there is no legal basis for such processing, we will generally
obtain the consent of the data subject.
The
processing of personal data, such as the name, address, e-mail address, or
telephone number of a data subject shall always be in line with the General
Data Protection Regulation, and in accordance with the country-specific data
protection regulations applicable to the Inspired Software David Kubitsch. By
means of this data protection declaration, our enterprise would like to inform
the public about the type, scope and purpose of the personal data we collect,
use and process. Furthermore, data subjects are informed of their rights by
means of this data protection declaration.
As the
controller, the Inspired Software David Kubitsch has implemented numerous
technical and organisational measures to ensure the most complete protection of
personal data processed through this website. Nevertheless, Internet-based data
transmissions can always be subject to security vulnerabilities, so that
absolute protection cannot be guaranteed. For this reason, every data subject
is free to transmit personal data to us by alternative means, for example by
telephone.
1. definitions
The data
protection declaration of the Inspired Software David Kubitsch is based on the
terms used by the European Data Protection Supervisor when adopting the General
Data Protection Regulation (GDPR). Our data protection declaration should be
easy to read and understand for the public as well as for our customers and
business partners. To ensure this, we would like to explain the terms used in
advance.
We use the
following terms, among others, in this data protection declaration:
- (a) personal data
Personal
data is any information relating to an identified or identifiable natural
person (hereinafter "data subject"). An identifiable natural person
is one who 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 or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity of that
natural person.
- b) Data subject
Data
subject means any identified or identifiable natural person whose personal data
are processed by the controller.
- (c) processing
Processing
shall mean any operation or set of operations which is performed upon personal
data, whether or not by automatic means, such as collection, recording,
organisation, filing, storage, adaptation or alteration of personal data.
alteration,
extraction, consultation, use, disclosure by transmission, dissemination or
otherwise making available, alignment or combination, restriction, erasure or
destruction.
- d) Restriction of processing
Restriction
of processing is the marking of stored personal data with the aim of limiting
their future processing.
- e) Profiling
Profiling
shall mean any automated processing of personal data which consists in using
such personal data to evaluate certain personal aspects relating to a natural
person, in particular to analyse or predict aspects relating to that natural
person's performance at work, economic situation, health, personal preferences,
interests, reliability, behaviour, location or change of location.
- f) Pseudonymisation
Pseudonymisation
is the processing of personal data in such a way that the personal data can no
longer be attributed to a specific data subject without the use of additional
information, provided that such additional information is kept separately and
is subject to technical and organisational measures which ensure that the
personal data are not attributed to an identified or identifiable natural
person.
- g) Controller or data controller
The
controller or person responsible for processing is the natural or legal person,
public authority, agency or other body which alone or jointly with others
determines the purposes and means of the processing of personal data. Where the
purposes and means of such processing are determined by Union or Member State
law, the controller or the specific criteria for its designation may be
provided for under Union or Member State law.
- (h) Processor
Processor
means a natural or legal person, public authority, agency or other body which
processes personal data on behalf of the controller.
- (i) Recipient
Recipient
means a natural or legal person, public authority, agency or other body to whom
personal data are disclosed, whether or not a third party. However, public
authorities that may receive personal data in the context of a specific
investigative task under Union or Member State law shall not be considered as
recipients.
- (j) Third party
Third party
means a natural or legal person, public authority, agency or other body other
than the data subject, the controller, the processor and the persons authorised
to process the personal data under the direct responsibility of the controller
or the processor.
- k) Consent
Consent is
any freely given specific and informed indication of his or her wishes, in the
form of a statement or other unambiguous affirmative act, by which the data
subject signifies his or her agreement to the processing of personal data
relating to him or her.
2. name and address of the data controller
The
controller within the meaning of the General Data Protection Regulation, other
data protection laws applicable in the Member States of the European Union and
other provisions of a data protection nature is:
Inspired Software David Kubitsch
Schönfließerstraße 3
10439
Berlin
Germany
Tel.: 030 / 54632960
E-mail:
david.kubitsch@inspiredsoftware.de
Website:
www.KuNoMAIL.de &
www.KuNoMAIL.com
3. cookies
The
internet pages of Inspired Software David Kubitsch use cookies. Cookies are
text files which are stored on a computer system via an internet browser.
Numerous
Internet pages and servers use cookies. Many cookies contain a so-called cookie
ID. A cookie ID is a unique identifier of the cookie. It consists of a string
of characters by which Internet pages and servers can be assigned to the
specific Internet browser in which the cookie was stored. This enables the
visited Internet pages and servers to distinguish the individual browser of the
data subject from other Internet browsers that contain other cookies. A
specific internet browser can be recognised and identified via the unique
cookie ID.
Through the
use of cookies, the Inspired Software David Kubitsch can provide the users of
this website with more user-friendly services that would not be possible
without the cookie setting.
Through the
use of cookies, the information and offers on our website can be optimised for
the benefit of the user. As already mentioned, cookies enable us to recognise
the users of our website. The purpose of this recognition is to make it easier
for users to use our website. For example, the user of a website that uses
cookies does not have to re-enter his or her access data each time he or she
visits the website, because this is done by the website and the cookie stored
on the user's computer system. Another example is the cookie of a shopping basket
in an online shop. The online shop remembers the items that a customer has
placed in the virtual shopping basket via a cookie.
The data
subject can prevent the setting of cookies by our website at any time by means
of an appropriate setting of the Internet browser used and thus permanently
object to the setting of cookies. Furthermore, cookies that have already been
set can be deleted at any time via an internet browser or other software
programmes. This is possible in all common internet browsers. If the data
subject deactivates the setting of cookies in the Internet browser used, not
all functions of our website may be fully usable.
4. collection of general data and information
The website
of the Inspired Software David Kubitsch collects a series of general data and
information every time a data subject or automated system calls up the website.
This general data and information is stored in the log files of the server. The
following data may be collected: (1) the browser types and versions used, (2)
the operating system used by the accessing system, (3) the website from which
an accessing system accesses our website (so-called referrer), (4) the
sub-websites which are accessed via an accessing system on our website, (5) the
date and time of an access to the website, (6) an Internet protocol address (IP
address), (7) the Internet service provider of the accessing system and (8)
other similar data and information that serve to avert danger in the event of
attacks on our information technology systems.
When using
these general data and information, the Inspired Software David Kubitsch does
not draw any conclusions about the data subject. Rather, this information is
needed (1) to deliver the contents of our website correctly, (2) to optimise
the contents of our website and the advertising for these, (3) to ensure the
long-term operability of our information technology systems and the technology
of our website, and (4) to provide law enforcement authorities with the
information necessary for prosecution in the event of a cyber attack.
Therefore, the Inspired Software David Kubitsch analyzes anonymously collected
data and information on one hand, and on the other hand, with the aim of
increasing the data protection and data security of our enterprise, so that we
can ultimately ensure an optimal level of protection for the personal data we
process. The anonymous data of the server log files are stored separately from
any personal data provided by a data subject.
5. Registration on our website
The data
subject has the possibility to register on the website of the controller by
providing personal data. Which personal data are transmitted to the controller
in the process results from the respective input mask used for the
registration. The personal data entered by the data subject are collected and
stored exclusively for internal use by the controller and for its own purposes.
The controller may arrange for the data to be transferred to one or more
processors, for example a parcel service provider, who will also use the
personal data exclusively for an internal use attributable to the controller.
By
registering on the website of the controller, the IP address assigned by the
internet service provider (ISP) of the data subject, the date as well as the
time of registration are also stored. The storage of this data takes place
against the background that only in this way can the misuse of our services be
prevented and, if necessary, this data makes it possible to clarify criminal
offences that have been committed. In this respect, the storage of this data is
necessary for the protection of the data controller. As a matter of principle,
this data is not passed on to third parties unless there is a legal obligation
to pass it on or the passing on serves the purpose of criminal prosecution.
The
registration of the data subject by voluntarily providing personal data serves
the purpose of the controller to offer the data subject content or services
which, due to the nature of the matter, can only be offered to registered
users. Registered persons are free to modify the personal data provided during
registration at any time or to have them completely deleted from the
controller's database.
The
controller shall provide any data subject at any time, upon request, with
information on what personal data is stored about the data subject.
Furthermore, the controller shall correct or delete personal data at the
request or indication of the data subject, provided that this does not conflict
with any statutory retention obligations. The entire staff of the controller
shall be available to the data subject as contact persons in this context.
6. subscription to our newsletter
On the
website of the Inspired Software David Kubitsch, users are given the
opportunity to subscribe to our enterprise's newsletter. The personal data
transmitted to the controller when the newsletter is subscribed to is specified
in the input mask used for this purpose.
The
Inspired Software David Kubitsch informs its customers and business partners at
regular intervals by means of a newsletter about enterprise offers. The
newsletter of our enterprise can basically only be received by the data
subject, if (1) the data subject has a valid e-mail address and (2) the data
subject registers for the newsletter mailing. For legal reasons, a confirmation
e-mail is sent to the e-mail address registered by a data subject for the first
time for the newsletter dispatch using the double opt-in procedure. This
confirmation e-mail serves to verify whether the owner of the e-mail address as
the data subject has authorised the receipt of the newsletter.
When
registering for the newsletter, we also store the IP address of the computer
system used by the data subject at the time of registration, as assigned by the
Internet service provider (ISP), as well as the date and time of registration.
The collection of this data is necessary in order to be able to trace the
(possible) misuse of the e-mail address of a data subject at a later point in
time and therefore serves as a legal safeguard for the controller.
The
personal data collected in the context of a registration for the newsletter are
used exclusively for sending our newsletter. Furthermore, subscribers to the
newsletter could be informed by e-mail if this is necessary for the operation
of the newsletter service or a related registration, as could be the case in
the event of changes to the newsletter offer or changes in the technical
circumstances. No personal data collected as part of the newsletter service
will be passed on to third parties. The subscription to our newsletter can be
cancelled by the data subject at any time. The consent to the storage of
personal data, which the data subject has given us for the newsletter dispatch,
can be revoked at any time. For the purpose of revoking consent, a
corresponding link can be found in each newsletter. Furthermore, it is also
possible to unsubscribe from the newsletter mailing directly on the website of
the controller at any time or to inform the controller of this in another way.
7 Newsletter tracking
The
newsletters of the Inspired Software David Kubitsch contain so-called tracking
pixels. A tracking pixel is a miniature graphic that is embedded in such
e-mails that are sent in HTML format to enable log file recording and log file
analysis. This allows a statistical evaluation of the success or failure of
online marketing campaigns. Based on the embedded tracking pixel, the Inspired
Software David Kubitsch may see if and when an e-mail was opened by a data
subject, and which links in the e-mail were called up by the data subject.
Such
personal data collected via the tracking pixel contained in the newsletters are
stored and analysed by the controller in order to optimise the newsletter
dispatch and to better adapt the content of future newsletters to the interests
of the data subject. This personal data will not be disclosed to third parties.
Data subjects are entitled at any time to revoke the separate declaration of
consent given in this regard via the double opt-in procedure. After a
revocation, this personal data will be deleted by the data controller. The
Inspired Software David Kubitsch automatically regards a withdrawal from the
receipt of the newsletter as a revocation.
8. contact option via the website
Based on
statutory provisions, the website of the Inspired Software David Kubitsch
contains data that enable a quick electronic contact to our enterprise, as well
as direct communication with us, which also includes a general address of the
so-called electronic mail (e-mail address). If a data subject contacts the
controller by e-mail or by using a contact form, the personal data transmitted
by the data subject will be stored automatically. Such personal data
transmitted on a voluntary basis by a data subject to the controller will be
stored for the purposes of processing or contacting the data subject. This
personal data is not passed on to third parties.
9. comment function in the blog on the website
The
Inspired Software David Kubitsch offers users the possibility to leave
individual comments on individual blog contributions on a blog, which is on the
website of the controller. A blog is a portal maintained on an Internet page,
usually publicly viewable, in which one or more persons, called bloggers or web
bloggers, can post articles or write down thoughts in so-called blogposts. The
blogposts can usually be commented on by third parties.
If a data
subject leaves a comment on the blog published on this website, in addition to
the comments left by the data subject, information on the time of comment entry
and the user name (pseudonym) chosen by the data subject will be stored and
published. Furthermore, the IP address assigned by the Internet service
provider (ISP) of the person concerned is also logged. This storage of the IP
address takes place for security reasons and in the event that the person
concerned violates the rights of third parties by posting a comment or posts
illegal content. The storage of this personal data is therefore in the
controller's own interest, so that the controller could exculpate itself if
necessary in the event of an infringement. There will be no disclosure of this
collected personal data to third parties, unless such disclosure is required by
law or serves the legal defence of the controller.
10. subscription to comments on the blog on the website.
The
comments made in the blog of the Inspired Software David Kubitsch may be
subscribed to by third parties. In particular, a commentator may subscribe to
the comments following his or her comment on a certain blog post.
If a data
subject opts for the option to subscribe to comments, the controller will send
an automatic confirmation e-mail in order to verify in a double opt-in
procedure that the owner of the specified e-mail address has indeed opted for
this option. The option to subscribe to comments can be terminated at any time.
11. routine deletion and blocking of personal data
The
controller processes and stores personal data of the data subject only for the
period necessary to achieve the purpose of storage or where provided for by the
European Directive and Regulation or other legislator in laws or regulations to
which the controller is subject.
If the
storage purpose ceases to apply or if a storage period prescribed by the
European Directive and Regulation Maker or another competent legislator expires,
the personal data shall be routinely blocked or deleted in accordance with the
statutory provisions.
12. rights of the data subject
- a) Right to confirmation
Every data
subject has the right, granted by the European Directive and Regulation, to
obtain confirmation from the controller as to whether personal data concerning
him or her are being processed. If a data subject wishes to exercise this right
of confirmation, he or she may, at any time, contact any employee of the
controller.
- b) Right of access
Any person
concerned by the processing of personal data has the right granted by the
European Directive and Regulation to obtain at any time from the controller,
free of charge, information about the personal data stored about him or her and
a copy of that information. Furthermore, the European Directive and Regulation
Body has granted the data subject access to the following information:
o the
purposes of the processing
o the
categories of personal data processed
o the
recipients or categories of recipients to whom the personal data have been or
will be disclosed, in particular in the case of recipients in third countries
or international organisations
o if
possible, the planned duration for which the personal data will be stored or,
if this is not possible, the criteria for determining this duration
o the
existence of a right to obtain the rectification or erasure of personal data
concerning him or her, or the restriction of processing by the controller, or a
right to object to such processing
o the
existence of a right of appeal to a supervisory authority
o if the
personal data are not collected from the data subject: Any available
information on the origin of the data
o the
existence of automated decision-making, including profiling, pursuant to
Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful
information about the logic involved and the scope and intended effects of such
processing for the data subject.
Furthermore,
the data subject shall have the right to obtain information as to whether
personal data have been transferred to a third country or to an international
organisation. If this is the case, the data subject shall also have the right
to obtain information on the appropriate safeguards in relation to the
transfer.
If a data
subject wishes to exercise this right of access, he or she may contact an
employee of the controller at any time.
- c) Right of rectification
Any person
affected by the processing of personal data has the right granted by the European
Directive and Regulation to request the immediate rectification of any
inaccurate personal data concerning him or her. Furthermore, the data subject
has the right to request the completion of incomplete personal data, including
by means of a supplementary declaration, taking into account the purposes of
the processing.
If a data
subject wishes to exercise this right of rectification, he or she may, at any
time, contact any employee of the controller.
- (d) Right to erasure (right to be forgotten)
Any person
concerned by the processing of personal data has the right, granted by the
European Directive and Regulation, to obtain from the controller the erasure
without delay of personal data concerning him or her, where one of the
following grounds applies and insofar as the processing is no longer necessary:
o The
personal data were collected or otherwise processed for such purposes for which
they are no longer necessary.
o The data
subject revokes the consent on which the processing was based pursuant to Art.
6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the
processing.
o The data
subject objects to the processing pursuant to Article 21(1) DS-GVO and there
are no overriding legitimate grounds for the processing, or the data subject
objects to the processing pursuant to Article 21(2) DS-GVO.
o The
personal data have been processed unlawfully.
o The
erasure of the personal data is necessary for compliance with a legal
obligation under Union or Member State law to which the controller is subject.
o The
personal data have been collected in relation to information society services
offered pursuant to Article 8(1) DS-GVO.
If one of
the aforementioned reasons applies, and a data subject wishes to arrange for
the erasure of personal data stored by the Inspired Software David Kubitsch, he
or she may, at any time, contact any employee of the controller. The employee
of the Inspired Software David Kubitsch shall arrange for the deletion request
to be complied with immediately.
If the
personal data was made public by the Inspired Software David Kubitsch and our
company is responsible for it pursuant to Art. 17 Para. 1 DS-GVO, Inspired
Software David Kubitsch shall implement reasonable measures, including
technical measures, to compensate other data controllers for processing the
personal data published, taking into account the available technology and the
cost of implementation, in order to inform the data subject that he or she has
requested from those other data controllers to erase all links to the personal
data or copies or replications of the personal data, unless the processing is
necessary. The employee of the Inspired Software David Kubitsch will arrange
the necessary in individual cases.
- e) Right to restriction of processing
Any person
concerned by the processing of personal data has the right, granted by the
European Directive and Regulation, to obtain from the controller the
restriction of processing if one of the following conditions is met:
o The
accuracy of the personal data is contested by the data subject for a period
enabling the controller to verify the accuracy of the personal data.
o The
processing is unlawful, the data subject objects to the erasure of the personal
data and requests instead the restriction of the use of the personal data.
o The
controller no longer needs the personal data for the purposes of the
processing, but the data subject needs it for the assertion, exercise or
defence of legal claims.
o The data
subject has objected to the processing pursuant to Article 21(1) of the GDPR
and it is not yet clear whether the legitimate grounds of the controller
override those of the data subject.
If one of
the aforementioned conditions is met, and a data subject wishes to request the
restriction of personal data stored by the Inspired Software David Kubitsch, he
or she may, at any time, contact any employee of the controller. The employee
of the Inspired Software David Kubitsch will arrange the restriction of the
processing.
- (f) Right to data portability
Any person
concerned by the processing of personal data has the right, granted by the
European Directive and Regulation, to receive the personal data concerning him
or her, which have been provided by the data subject to a controller, in a
structured, commonly used and machine-readable format. The data subject shall also
have the right to transmit such data to another controller without hindrance
from the controller to whom the personal data have been provided, provided that
the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or
Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the
GDPR and the processing is carried out by automated means, unless the
processing is necessary for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the controller.
Furthermore,
when exercising the right to data portability pursuant to Article 20(1) of the
GDPR, the data subject shall have the right to obtain the direct transfer of
personal data from one controller to another controller where technically
feasible and provided that this does not adversely affect the rights and
freedoms of other persons.
In order to
assert the right to data portability, the data subject may at any time contact
any employee of the Inspired Software David Kubitsch.
- g) Right to object
Any data
subject concerned by the processing of personal data has the right, granted by
the European Directive and Regulation, to object at any time, on grounds
relating to his or her particular situation, to processing of personal data
concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the
DS-GVO. This also applies to profiling based on these provisions.
The
Inspired Software David Kubitsch shall no longer process the personal data in
the event of the objection, unless we can demonstrate compelling legitimate
grounds for the processing which override the interests, rights and freedoms of
the data subject, or for the assertion, exercise or defence of legal claims.
If the
Inspired Software David Kubitsch processes personal data for direct marketing
purposes, the data subject shall have the right to object at any time to
processing of personal data processed for such marketing. This also applies to
the profiling, insofar as it is related to such direct marketing. If the data
subject objects to the Inspired Software David Kubitsch to the processing for
direct marketing purposes, the Inspired Software David Kubitsch will no longer
process the personal data for these purposes.
In
addition, the data subject has the right, on grounds relating to his or her
particular situation, to object to processing of personal data concerning him
or her which is carried out by the Inspired Software David Kubitsch for
scientific or historical research purposes, or for statistical purposes
pursuant to Article 89(1) of the Data Protection Regulation (DS-GVO), unless
such processing is necessary for the performance of a task carried out for
reasons of public interest.
In order to
exercise the right to object, the data subject may directly contact any
employee of the Inspired Software David Kubitsch or another employee. The data
subject is also free to exercise his/her right to object by means of automated
procedures using technical specifications in the context of the use of information
society services, notwithstanding Directive 2002/58/EC.
- (h) Automated decisions in individual cases, including profiling.
Any data
subject concerned by the processing of personal data shall have the right,
granted by the European Directive and the Regulation, not to be subject to a
decision based solely on automated processing, including profiling, which
produces legal effects concerning him or her or similarly significantly affects
him or her, provided that the decision (1) is not necessary for entering into,
or the performance of, a contract between the data subject and the controller,
or (2) is authorised by Union or Member State law to which the controller is
subject and that such law lays down appropriate measures to safeguard the data
subject's rights and freedoms and legitimate interests, or (3) is made with the
data subject's explicit consent.
If the
decision (1) is necessary for entering into, or the performance of, a contract
between the data subject and the data controller, or (2) it is made with the
data subject's explicit consent, the Inspired Software David Kubitsch shall
implement suitable measures to safeguard the data subject's rights and freedoms
and legitimate interests, which include at least the right to obtain the data
subject's involvement on the part of the controller, to express his or her
point of view and contest the decision.
If the data
subject wishes to exercise the rights concerning automated decisions, he or she
may, at any time, contact any employee of the controller.
- i) Right to withdraw consent under data protection law
Any person
affected by the processing of personal data has the right granted by the
European Directive and Regulation to withdraw consent to the processing of
personal data at any time.
If the data
subject wishes to exercise the right to withdraw consent, he or she may, at any
time, contact any employee of the controller.
13. payment method: data protection provisions regarding PayPal as a
payment method
The
controller has integrated components of PayPal on this website. PayPal is an
online payment service provider. Payments are processed via so-called PayPal
accounts, which represent virtual private or business accounts. In addition,
PayPal offers the possibility of processing virtual payments via credit cards
if a user does not have a PayPal account. A PayPal account is managed via an
e-mail address, which is why there is no classic account number. PayPal makes
it possible to initiate online payments to third parties or to receive
payments. PayPal also assumes trustee functions and offers buyer protection
services.
The
European operating company of PayPal is PayPal (Europe) S.à.r.l. et Cie,
S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg.
If the data
subject selects "PayPal" as a payment option during the ordering
process in our online shop, data of the data subject will be automatically
transmitted to PayPal. By selecting this payment option, the data subject
consents to the transmission of personal data required for payment processing.
The personal
data transmitted to PayPal are usually first name, last name, address, email
address, IP address, telephone number, mobile phone number or other data
necessary for the processing of the payment. Personal data that is necessary
for the processing of the purchase contract is also personal data that is
related to the respective order.
The purpose
of transmitting the data is payment processing and fraud prevention. The
controller will transmit personal data to PayPal in particular if there is a legitimate
interest for the transmission. The personal data exchanged between PayPal and
the controller may be transferred by PayPal to credit reference agencies. The
purpose of this transmission is to check identity and creditworthiness.
PayPal may
disclose the personal data to affiliated companies and service providers or
subcontractors, insofar as this is necessary for the fulfilment of contractual
obligations or the data is to be processed on behalf.
The data
subject has the option to revoke the consent to the handling of personal data
at any time vis-à-vis PayPal. A revocation does not affect personal data that
must necessarily be processed, used or transmitted for (contractual) payment
processing.
The
applicable data protection provisions of PayPal can be found at
https://www.paypal.com/de/webapps/mpp/ua/privacy-full
.
14. payment method: data protection provisions for Sofortüberweisung as
a payment method
The
controller has integrated components of Sofortüberweisung on this website.
Sofortüberweisung is a payment service that enables cashless payment for
products and services on the Internet. Sofortüberweisung maps a technical
procedure by which the online merchant immediately receives a payment
confirmation. This enables a merchant to deliver goods, services or downloads
to the customer immediately after the order is placed.
The
operating company of Sofortüberweisung is Klarna Bank AB, Sveavägen 46, 111 34
Stockholm, Sweden.
If the data
subject selects "Sofortüberweisung" as a payment option during the
ordering process in our online shop, data of the data subject will be
automatically transmitted to Sofortüberweisung. By selecting this payment
option, the data subject consents to the transmission of personal data required
for payment processing.
During the
purchase transaction via Sofortüberweisung, the buyer transmits the PIN and the
TAN to Sofort GmbH. Sofortüberweisung then carries out a transfer to the online
merchant after a technical check of the account balance and retrieval of
further data to check the account coverage. The online merchant is then
automatically notified of the execution of the financial transaction.
The
personal data exchanged with Sofortüberweisung are first name, surname,
address, email address, IP address, telephone number, mobile phone number or
other data necessary for payment processing. The purpose of the transfer of the
data is payment processing and fraud prevention. The controller will also
transmit other personal data to Sofortüberweisung if there is a legitimate
interest for the transmission. The personal data exchanged between
Sofortüberweisung and the controller may be transmitted by Sofortüberweisung to
credit reference agencies. The purpose of this transmission is to check
identity and creditworthiness.
Sofortüberweisung
may pass on the personal data to affiliated companies and service providers or
subcontractors, insofar as this is necessary for the fulfilment of contractual
obligations or the data is to be processed on behalf.
The data
subject has the option of revoking consent to the handling of personal data at
any time vis-à-vis Sofortüberweisung. A revocation does not affect personal
data that must be processed, used or transmitted for (contractual) payment
processing.
The
applicable data protection provisions of Sofortüberweisung can be found at
https://www.klarna.com/sofort/datenschutz/
.
15 Legal basis for processing
Article 6 I
lit. a DS-GVO serves as the legal basis for our company for processing
operations in which we obtain consent for a specific processing purpose. If the
processing of personal data is necessary for the performance of a contract to
which the data subject is a party, as is the case, for example, with processing
operations that are necessary for the delivery of goods or the provision of
another service or consideration, the processing is based on Article 6 I lit. b
DS-GVO. The same applies to processing operations that are necessary for the
implementation of pre-contractual measures, for example in the case of
enquiries about our products or services. If our company is subject to a legal
obligation by which the processing of personal data becomes necessary, such as for
the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c
DS-GVO. In rare cases, the processing of personal data might become necessary
in order to protect the vital interests of the data subject or another natural
person. This would be the case, for example, if a visitor were to be injured on
our premises and as a result his or her name, age, health insurance details or
other vital information had to be passed on to a doctor, hospital or other
third party. Then the processing would be based on Art. 6 I lit. d DS-GVO.
Finally, processing operations could be based on Art. 6 I lit. f DS-GVO.
Processing operations which are not covered by any of the aforementioned legal
bases are based on this legal basis if the processing is necessary to protect a
legitimate interest of our company or a third party, provided that the
interests, fundamental rights and freedoms of the data subject are not
overridden. Such processing operations are permitted to us in particular
because they were specifically mentioned by the European legislator. In this
respect, it took the view that a legitimate interest could be assumed if the
data subject is a customer of the controller (recital 47, sentence 2 of the
GDPR).
16. Legitimate interests in the processing pursued by the controller or
a third party
If the
processing of personal data is based on Article 6 I lit. f of the GDPR, our
legitimate interest is the performance of our business activities for the
benefit of the well-being of all our employees and our shareholders.
17. duration for which the personal data are stored
The
criterion for the duration of the storage of personal data is the respective
statutory retention period. After expiry of the period, the corresponding data
is routinely deleted, provided that it is no longer required for the fulfilment
of the contract or the initiation of the contract.
18. legal or contractual provisions for the provision of personal data;
necessity for the conclusion of the contract; obligation of the data subject to
provide the personal data; possible consequences of non-provision
We inform
you that the provision of personal data is sometimes required by law (e.g. tax
regulations) or may also result from contractual regulations (e.g. information
on the contractual partner). Sometimes, in order to conclude a contract, it may
be necessary for a data subject to provide us with personal data that must
subsequently be processed by us. For example, the data subject is obliged to
provide us with personal data if our company concludes a contract with him or
her. Failure to provide the personal data would mean that the contract with the
data subject could not be concluded. Before providing personal data by the data
subject, the data subject must contact one of our employees. Our employee will
explain to the data subject on a case-by-case basis whether the provision of
the personal data is required by law or by contract or is necessary for the
conclusion of the contract, whether there is an obligation to provide the
personal data and what the consequences of not providing the personal data
would be. 19.
19. existence of automated decision-making
As a
responsible company, we do not use automated decision-making or profiling.
This data
protection declaration was created by the data protection declaration generator
of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the
External Data Protection Officer
Schweinfurt
, in
cooperation with the
lawyer for data protection law
Christian Solmecke.