Dataprotection

Disclaimer: The following sample has been created by a lawyer (https://drschwenke.de) according to the typical requirements of an online shop. However, you should only use the sample after careful consideration and adaptation to your specific business model. The following sample therefore contains additional notes that you must observe and red passages that you must check and, if necessary, adjust. Please remove the instructions after processing. In case of doubt, get legal advice. Copyright: You may use the pattern within the domain / website as long as your marketpress license applies. Disclosure to third parties, including customers (for example, as a developer) is not allowed.

Data protection

This Privacy Policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as "Data") within our online offering and the related websites, features and content, as well as external online presence, e.g. our social media profiles on. (collectively referred to as "online offer"). With regard to the terminology used, e.g. "Processing" or "Responsible" we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Note: Please send "owner" instead of "managing director" to sole proprietors.

Responsible:
Name / Fa .: Marco Walther
Road no .: Horst-Vied-Straße 13
Postcode, City, Country: 01445 Radebeul
Managing Director / Owner: Marco Walther
Telephone number: 0351/1558465
E-mail address: info@alcatech.de

Note: Only the indication of the e-mail address is obligatory, the other information is optional. Please note: Data Protection Officers only have to be indicated if they are ordered. An order is gem. § 38 BDSG-New as of 10 employees who process personal data (for which practically an e-mail inbox is sufficient), necessary.

Types of processed data:

Note: The following information includes the typical processed data and categories of concern (the explanations in the parentheses are for reference only and may be adjusted or deleted):

- Inventory data (e.g., names, addresses).
- contact information (e.g., e-mail, phone numbers).
- content data (e.g., text input, photographs, videos).
- contract data (e.g., subject, term, customer category).
- Payment data (e.g., bank details, payment history).
- usage data (e.g., websites visited, interest in content, access times).
- Meta / communication data (e.g., device information, IP addresses).

Processing of special categories of data (Article 9 (1) GDPR):

Note text: Please select whether and, if so, which categories of particular types of personal data will be processed. This includes data concerning: racial and ethnic origin, political opinions, religious or ideological beliefs, trade union affiliation, genetic data, biometric data for unambiguous identification of a natural person, health data, sex life or sexual orientation data. Such data may e.g. are processed in the erotic or sanitary sector, but are rather the exception.
In this case, enter alternatively: "The following special categories of data are processed: ".

No special categories of data are processed.

Categories of data subjects:

Note: Please select the appropriate categories of data subjects, delete those that do not, or complete them with your own information.

- Customers, prospects, visitors and users of the online offer, business partners.
- Visitors and users of the online offer.
In the following, we also refer to the persons concerned as "users".

Purpose of processing:
Note: Please delete the non-applicable or supplement the purposes of processing by your own information.

- Provision of the online offer, its contents and shop functions.
- Provision of contractual services, service and customer care.
- Answering contact requests and communicating with users.
- Marketing, advertising and market research.
- Safety measures.

Please indicate the status of the privacy policy.

Stand: month / year

1. Terms used
1.1. "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 (eg cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.

1.2. 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.

1.3. "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.

2.Substantive legal basis
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 DSGVO, 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 DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO. 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 DSGVO as legal basis.

3. Changes and updates to the privacy policy
We ask you to inform yourself regularly about the content of our privacy policy. We will adjust the privacy policy as soon as the changes to the data processing we make require it. We will notify you as soon as the changes require your participation (eg consent) or other individual notification.

Note: Remove the hint for encryption if your offer is not encrypted. Delivery of the website via https is, however, to be regarded as a duty.
4. Security measures
4.1. We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk; Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection by technology design and by privacy-friendly default settings considered (Article 25 GDPR).

4.2. One of the security measures is the encrypted transfer of data between your browser and our server.

5. Disclosure and transmission of data
5.1. If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this is done only on the basis of a legal permission (eg if a transmission of the data to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) DSGVO), you have consented to a legal obligation or on the basis of our legitimate interests (eg the use of agents, hosting providers, tax, business, etc.) and legal advisers, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual, administrative and other duties).

5.2. 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.

6. Transfers to third countries
If we process data in a third country (ie 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. DSGVO. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (eg for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

7. Rights of the persons concerned
7.1. 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.

7.2. You have accordingly. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.

7.3. In accordance with Art. 17 GDPR, they 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.

7.4. 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.

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

8. Right of withdrawal
You have the right to grant consent in accordance with. Art. 7 para. 3 DSGVO with effect for the future.

9. 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.

10. Cookies and Right to Oppose Direct Mail
10.1. "Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie serves primarily to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. 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 store 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 users visit 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. As a third-party cookie, cookies are referred to by providers other than the person responsible for the online offer (otherwise, if it is only their cookies, this is called first-party cookies).

10.2. We 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 will be asked 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 offer.

10.3. A general contradiction to the use of cookies used for online marketing purposes can be found in a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that not all features of this online offer may be used.

Note text: Please select the appropriate information for Germany or Austria. Please change this information if other storage requirements apply to you:
11. Deletion of data
11.1. 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 statement, the data stored by us will be deleted as soon as they are no longer necessary for their intended purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is deleted because it is required for other and legitimate purposes, its processing will be restricted. That The data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons.

11.2. Germany: According to legal requirements, the storage takes place in particular for 6 years according 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, commercial and business letters, documents relevant for taxation, etc

11.3. Austria: According to legal requirements, the storage takes place in particular for 7 years according to § 132 Abs. 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with land and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-EU companies in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.

12. Order processing in the online shop and customer account
12.1. We process the data of our customers as part of the ordering process in our online shop to allow them to select and order the selected products and services, as well as their payment and delivery, or execution.

12.3. Processing is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. The required information for the establishment and fulfillment of the contract is required. We disclose the data to third parties only in the context of extradition, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data will be processed in third countries only if necessary for the fulfillment of the contract (for example on customer's request upon delivery or payment).

12.4. Users can optionally create a user account, in particular by being able to view their orders. As part of the registration, the necessary mandatory information will be communicated to the users. The user accounts are not public and can not be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is for commercial or tax law reasons according to Art. 6 para. 1 lit. c DSGVO necessary. Information in the customer account remains until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to secure their data upon termination prior to the end of the contract.

12.5. As part of the registration and re-registration and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c DSGVO.

12.6. The deletion takes place after expiry of legal warranty and comparable obligations, the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiry (end of commercial law (6 years) and tax law (10 years) retention obligation); Information in the customer account remains until its deletion.

Note: 1. Please remove the passage if you do not analyze the buyer's details as described.
13. Business analysis and market research
13.1. In order to operate our business economically, to be able to recognize market trends, customer and user requirements, we analyze the data we have on business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the persons affected include customers, prospects, business partners, visitors and users of the online offer. The analyzes are carried out for the purpose of business analysis, marketing and market research. In doing so, we can display the profiles of the registered users with indications e.g. to consider their purchase transactions. The analyzes serve us to increase the user-friendliness, the optimization of our offer and the business economics. The analyzes are for us alone and will not be disclosed externally unless they are anonymous, aggregated value analyzes.

13.2. If these analyzes or profiles are personal, they will be deleted or anonymised upon termination of the users, otherwise after two years from the conclusion of the contract. Incidentally, the overall business analyzes and general trend provisions are created anonymously if possible.

Note: 1. Please remove the passage if you do not use the service.

2. Checking the creditworthiness of a customer is permitted if otherwise the risk of default exists, i. when the goods are delivered without the payment having arrived (i.e., when the customer chooses to buy on account). On the other hand, there is no threat of default if, for example, the customer select the option Prepay or make payment via third-party providers, such as Paypal performs.

It should also be noted that the collection of an automatic credit check an "Automated decisions in individual cases" gem. Art. 22 GDPR, i. a legal decision without human involvement. This is permissible if the customer has consented or if this decision is required for the conclusion of the contract. Whether the decision is necessary has not yet been conclusively clarified, but is often taken for granted, even by the author of this model. However, if you want to eliminate any risk, you should obtain consent.

Consent will also be necessary if the credit check is already used then to decide at all whether the option "on account" should be displayed. Because it could have been that the customer had decided anyway for the advance payment or Paypal and the credit check would not have been necessary.

Such consent could e.g. as follows:

I agree that a credit check will be carried out in order to decide in an automated procedure (Art. 22 GDPR) whether the option of purchase is offered on account. Further information on the credit check, the credit reporting agencies used and the procedure as well as the possibilities of objection can be found in our [Link] Privacy Policy [/ Link].

14. Credit information
14.1. If we make an advance payment (for example, when purchasing on account), we reserve the right to obtain identity and credit information for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures from specialized service providers (credit reporting agencies).

14.2. As part of the credit report, we provide the following personal data of the customer (name, postal address, date of birth, details of the type of contract, bank details [if necessary, specify additional data]) to the following credit bureaus:
[Please specify the credit bureaus here, for example:] SCHUFA-Gesellschaft (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), Privacy Policy: https://www.schufa.de/de/ueber-uns/daten-scoring/.

14.3. We process the information obtained by the credit reference agencies on the statistical probability of a default in the context of an appropriate discretionary decision on the establishment, implementation and termination of the contractual relationship. We reserve the right, in the case of a negative result of the credit check, to refuse payment on account or any other advance payment.

14.4. In accordance with Art. 22 GDPR, the decision as to whether we are making advance payments is made solely on the basis of an automated decision in individual cases, which our software carries out on the basis of the information provided by the credit reference agency.

14.5 If we obtain an explicit consent from you, the legal basis for the credit information and the transmission of the customer's data to the credit bureaus is the consent acc. Art. 6 para. 1 lit. a, 7 DSGVO. If no consent is obtained, our legitimate interests in the reliability of their claim for payment are the legal basis. Art. 6 para. 1 lit. f. DSGVO.

Note: If third-party CRM systems are used, their providers must be mentioned. Furthermore, contract processing contracts (or "Data Processing Agreement") must be concluded with the providers. If the providers process the data of the users in the third country, special guarantees must be provided (for example Privacy Shield)
Example:
14.4 We use the Helpdesk CRM system, Help Scout Inc., 131 Tremont St, Boston, MA 02111-1338, USA, based on our legitimate interests (efficient and rapid processing of user requests). For this purpose, we have concluded a contract with Help Scout with so-called standard contractual clauses, in which Help Scout commits itself to processing the user data only in accordance with our instructions and compliance with the EU data protection standard. Help Scout is also certified under the Privacy Shield Agreement, providing an additional guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000KzX1AAK&status=Active).
15. Contact and customer service
15.1. When contacting us (via contact form or e-mail), the information provided by the user to process the contact request and its processing acc. Art. 6 para. 1 lit. b) DSGVO processed.

15.2. User information can be stored in our Customer Relationship Management System ("CRM System") or similar request organization.

15.3. We delete the requests, if they are no longer required. We check the requirement every two years; Inquiries from customers who have a customer account, we store permanently and refer to the deletion on the details of the customer account. Furthermore, the legal archiving obligations apply.

Note: If not already done: Please ask the respective webhosters for a so-called "order processing contract" (or "Data Processing Agreement"). This is required by law, because the hoster collects personal data of the website visitors for you.

16. Collection of access data and logfiles
16.1. Based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider ,

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

17. Online presence in social media
17.1. Based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO online presence within social networks and platforms in order to communicate with the active customers, prospects and users 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.

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

Note: 1. Please remove the passage if you do not use the service. 2. Please note the requirements when using Google Analytics: The IP anonymization must be active https://support.google.com/analytics/answer/2905384?hl=en; 2.) and the "addendum to data processing" in the administration area of ​​Google Analytics must be accepted (or a current contract, as far as Google informs them (see for the current state: http://drschwenke.de/google-analytics)) ,

In addition, if the "Remarketing" or "Google Analytics Audiences" features are used, the following passage to these features must be added as a second point:

17.2. We use Google Analytics to display advertisements displayed within Google and its affiliate advertising services, only those users who have shown an interest in our online offering, or certain features (eg, interest in specific topics or products that they use) Web pages) that we submit to Google (so-called "remarketing" or "Google Analytics audiences"). With Remarketing Audiences, we also want to make sure that our ads meet the potential interest of users and are not annoying.

18. Google Analytics
18.1. Based on our legitimate interests (i.e., interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), Google Analytics uses a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the users are usually transmitted to a Google server in the USA and stored there.

18.2. Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

18.3. Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.

18.4. We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there.

18.5. The IP address submitted by the user's browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to their use of the online offer as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https: // tools .google.com / dlpage / gaoptout? hl = en.

18.6. For more information about Google's data usage, hiring and opt-out options, please visit Google's websites: https://www.google.com/intl/en/policies/privacy/partners ("Google's use of your data when you use websites or apps Our Partners "), https://policies.google.com/technologies/ads (" Advertising Use of Data "), https://adssettings.google.com/authenticated (" Managing information Google uses to show you advertising ").

Note: 1. Please remove the passage if you do not use the service. 2. This section summarizes Google Marketing Services to capture as many features as possible in their capabilities. However, the services that are not required can also be deleted.
19. Google Re / Marketing Services
19.1. Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO) we use the marketing and remarketing services ("Google Marketing Services "), LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, (" Google ").

19.2. Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

19.3. Google Marketing Services allows us to better target advertisements for and on our website so that we only present ads to users that potentially match their interests. If a user e.g. Ads for products that he was interested in on other websites are referred to as remarketing. For these purposes, when Google and our other websites accessing Google Marketing Services are directly accessed by Google, a code will be executed by Google and so-called (re) marketing tags (invisible graphics or code, also called "Web Beacons ") incorporated into the website. With their help, the user is provided with an individual cookie, i. a small file is saved (instead of cookies, comparable technologies can also be used). The cookies can be set by different domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. In this file is noted which websites the user visited, for what content he is interested and what offers he has clicked, as well as technical information about the browser and operating system, referring websites, visit time and other information on the use of the online offer. The IP address of the users is also recorded, whereby in the context of Google Analytics we announce that the IP address is shortened within member states of the European Union or other parties to the Agreement on the European Economic Area and only in exceptional cases to one Google server in the US is transmitted and shortened there. The IP address will not be merged with data of the user within other offers from Google. The above information may also be linked by Google with such information from other sources. If the user then visits other websites, they can be displayed according to his interests, the ads tailored to him.

19.4. The data of the users are pseudonym processed in the context of the Google marketing services. That Google stores and processes e.g. not the name or e-mail address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. That from the perspective of Google, the ads are not managed and displayed to a specifically identified person, but to the cookie owner, regardless of who that cookie owner is. This does not apply if a user has explicitly allowed Google to process the data without this pseudonymization. The information collected about users through Google Marketing Services is transmitted to Google and stored on Google's servers in the United States.

19.5. Among the Google marketing services we use is u.a. the online advertising program "Google AdWords". In the case of Google AdWords, each advertiser receives a different "conversion cookie". Cookies can not be tracked through AdWords advertisers' websites. The information collected through the cookie is used to generate conversion statistics for AdWords advertisers who have opted for conversion tracking. Advertisers will see the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, they do not receive information that personally identifies users.

19.6. We can engage third-party ads based on Google's DoubleClick marketing service. DoubleClick uses cookies that enable Google and its affiliate websites to serve ads based on users' visits to this site or other sites on the Internet.

19.7. We can incorporate third-party ads based on the Google AdSense marketing service. AdSense uses cookies that enable Google and its affiliate websites to serve ads based on users' visits to this site or other sites on the Internet.

19.8. Also we can use the service "Google Optimizer". Google Optimizer allows us to understand how various changes to a website (such as changes to the input fields, the design, etc.) can take place in so-called "A / B testings". Cookies are stored on users' devices for these purposes. Only pseudonymous data of the users are processed.

19.9. In addition, we may use the "Google Tag Manager" to integrate and manage the Google Analytics and Marketing Services on our website.

19.10. For more information about Google's data usage for marketing purposes, please visit the overview page: https://policies.google.com/technologies/ads, Google's Privacy Policy is at https://adssettings.google.com/authenticated.

Note: If you use the Facebook Pixel with "Enhanced Matching" or "Custom Audience from File" (i.e., uploading customer or newsletter lists), data protection authorities will require an opt-in, which means explicit consent from users. In this case, you must include the following passage (for the current state of law: https://drschwenke.de/facebook-pixel):

Furthermore, when using the Facebook pixel we use the additional function "extended comparison" (data such as telephone numbers, e-mail addresses or Facebook IDs of the users) for the formation of target audiences ("Custom Audiences" or "Look Alike Audiences") Facebook (encrypted) transmitted. More about "advanced reconciliation": https://www.facebook.com/business/help/611774685654668).

We also use the "Custom Audiences from File" method of the social network Facebook, Inc. In this case, the email addresses of the newsletter recipients are uploaded to Facebook. The upload process is encrypted. The upload is used alone to identify recipients of our Facebook ads. We want to make sure that the ads are only displayed to users who are interested in our information and services.

Note on opt-out: Please note that Facebook does not offer an opt-out at the time of creating this pattern and you must implement it yourself. If you do not, you must remove this passage. The reaction may e.g. via Javascript (setting the opt-out link) and when loading the page via PHP (which checks whether the opt-out cookie has been set and only loads the Facebook pixel if the result is negative). If a user visits the website, it must be checked whether the "opt-out" cookie is set. If so, the "Facebook Pixel" may not be loaded.

In the case of your own opt-out, please include the following supplement:

To prevent the collection of your data by means of the Facebook pixel on our website, please click the following link: Facebook opt-out Note: If you click the link, an "opt-out" cookie will be saved on your device. If you delete the cookies in this browser, then you have to click the link again. Furthermore, the opt-out only applies within the browser you use and only within our webdomain on which the link was clicked.
20. Facebook, Custom Audiences and Facebook Marketing Services
20.1. Within our online offer is due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes, the so-called "Facebook pixel" of the social network Facebook, by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025 , USA, or, if you are located in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook").

20.2. Facebook is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

20.3. With the help of the Facebook pixel, it is on the one hand possible for Facebook to determine the visitors to our online offer as a target group for the display of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook Pixel to display the Facebook Ads we submit only to those Facebook users who have shown an interest in our online offer or who have certain features (eg interests in certain topics or products visited by them) Web pages determined), which we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to make sure that our Facebook ads are in line with the potential interest of the users and are not annoying. With the help of the Facebook pixel, we can also understand the effectiveness of the Facebook ads for statistical and market research purposes, in which we see whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion").

20.4. The processing of the data by Facebook is part of Facebook's data usage policy. Accordingly, general notes on how to display Facebook Ads, in Facebook's Data Usage Policy: https://www.facebook.com/policy.php. For specific information and details about the Facebook Pixel and how it works, visit the help section of Facebook: https://www.facebook.com/business/help/651294705016616.

20.5. You may object to the capture by the Facebook Pixel and use of your data to display Facebook Ads. To set which types of ads you see within Facebook, you can go to the page set up by Facebook and follow the instructions for the usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform independent, i. they are adopted for all devices, such as desktop computers or mobile devices.

20.6. You can also use the Cookies for distance measurement and promotional purposes via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and the US website (http://www.aboutads.info/ choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

Note: 1. Please remove the passage if you do not use the service. 2. Since the social plugins are similar in function to the Facebook pixel insofar as they use Facebook's data to process the users for marketing purposes, the o.g. Opt-out for the Facebook pixel, also used in the social plugins.
21. Facebook social plugins
21.1. Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) f. DSGVO) we use social plugins ("plugins") of the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook"). The plugins can represent interaction elements or content (eg videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on blue tile, the terms "Like", "Like" or a "thumbs up" sign ) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

21.2. Facebook is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

21.3. When a user invokes a feature of this online offering that includes such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the device of the user and incorporated by him into the online offer. In the process, user profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore informs the users according to our knowledge.

21.4. By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example, press the Like button or leave a comment, the information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save their IP address. According to Facebook, only an anonymous IP address is stored in Germany.

21.5. The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and setting options for protecting the privacy of users, can be found in Facebook's privacy policy: https://www.facebook.com/about/privacy/ ,

21.6. If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook and delete his cookies before using our online offer. Other settings and inconsistencies regarding the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American site http://www.aboutads.info / choices / or the EU page http://www.youronlinechoices.com/. The settings are platform independent, i. they are adopted for all devices, such as desktop computers or mobile devices.

Note: 1. Please remove the passage if you do not use the service. 2. Please note Matomo's opt-out and privacy settings: https://matomo.org/docs/privacy/#step-3-include-a-web-analytics-opt-out-feature-on-your -site-using-an-iframe.
22. Reach analysis with Matomo
22.1. As part of Matomo's range analysis, the following data is processed on the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer as defined in Art. 6 (1) lit. DSGVO): 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 users is anonymized before being saved.

22.2. Matomo uses cookies that are stored on users' computers and that allow an analysis of how users use our online offerings. In this case, pseudonymous usage profiles of the users 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.

22.3. 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.

22.4. [Please insert here the IFRAME of Matomo with the opt-out cookie (and enable IP anonymization in the settings area)].

Note: Please remove the passage if you do not use the service.
23. Jetpack (WordPress Stats)
23.1. Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO) we use the plugin Jetpack (here the subfunction "Wordpress Stats"), which includes Automated Visitor Access Statistics Tool and Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, United States. Jetpack uses so-called "cookies", text files that are stored on your computer and that allow an analysis of the use of the website by you.

23.2. Automattic is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).

23.3. The information generated by the cookie about your use of this online offer is stored on a server in the USA. Here, user profiles of the users can be created from the processed data, these being used only for analysis and not for advertising purposes. For more information, see the Automattic Privacy Policy: https://automattic.com/privacy/ and Jetpack Cookies: https://jetpack.com/support/cookies/.

Note: Please remove the passage if you do not use the service.
24. etracker
24.1. Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO) we use the analysis service "etracker" of etracker GmbH, Erste Brunnenstraße 1 20459 Hamburg.

24.2. From the data processed by etracker user profiles can be created under a pseudonym. Cookies can be used for this purpose. The cookies make it possible to recognize your browser. The data collected with the etracker technologies will not be used without the separate consent of the person concerned to personally identify visitors to our website and will not be combined with personal data about the bearer of the pseudonym. Furthermore, the personal data is processed only for us, i. not combined with personal data collected within other online offers.

24.3. You can object to the data collection and storage at any time with effect for the future. In order to counter data collection and storage of your visitor data for the future, you can obtain an opt-out cookie from etracker under the following link, which ensures that no visitor data from your browser will be collected and stored by etracker in the future: http: // www .etracker.de / privacy? et = Account ID [Please insert your account ID here].

24.4. The opt-out sets an opt-out cookie with the name "cntcookie" by etracker. Please do not delete this cookie as long as you want to maintain your opposition. Further information can be found in the data protection regulations of etracker: http://www.etracker.com/de/datenschutz.html.

Note: Please remove the passage if you do not use the service.
25. Criteo
25.1. Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO) we use the services of the provider Criteo GmbH, Gewürzmühlstr. 11, 80538 Munich, Germany.

25.2. Criteo's services allow us to better target advertisements for and on our website so that we only present users with ads that are potentially in their interests. If a user e.g. Ads for products that he was interested in on other websites are referred to as remarketing. For this purpose, when Criteo calls our and other websites where Criteo is active, Criteo immediately executes Criteo code and so-called (re) marketing tags (invisible graphics or code, also known as web beacons "designated"). With their help, the user is provided with an individual cookie, i. a small file is saved (instead of cookies, comparable technologies can also be used). In this file is noted which websites the user visited, for what content he is interested and what offers he has clicked, as well as technical information about the browser and operating system, referring websites, visit time and other information on the use of the online offer. The above information may also be shared by Criteo with such information from other sources. If the user then visits other websites, they can be displayed according to his interests, the ads tailored to him.

25.3. For more information, as well as how to opt out of Criteo, see the Criteo Privacy Policy: https://www.criteo.com/privacy/.

Note: Please remove the passage if you do not use the service.
26. Amazon affiliate program
26.1. On the basis of our legitimate interests (ie interest in the economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), we are participants in the Amazon EU Affiliate Program, which was designed to provide a medium for websites by means of which The placement of advertisements and links to Amazon.de advertising fee refund can be earned. 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.

26.2. For more information about Amazon's data usage, please see the company's privacy policy: http://www.amazon.com/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401.

Note: This point will apply to almost every online shop, so it usually does not need to be deleted.
27. Communication via post, e-mail, fax or telephone
27.1 We use means of remote communication, such as telecommunications, for business transactions and marketing purposes. Post, telephone or e-mail. We process stock data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.

27.2 Processing takes place on the basis of Art. 6 para. 1 lit. a, Art. 7 GDPR, Art. 6 para. 1 lit. f DSGVO in connection with legal requirements for advertising communications. The contact takes place only with the consent of the contact partners or within the scope of the legal permissions and the processed data are deleted as soon as they are not required and otherwise with opposition / revocation or elimination of the authorization basis or legal archiving obligations.

Note: Note: 1. Please remove the passage if you do not use the service. 2. This is a newsletter template sent through third-party senders (examples include MailChimp and Clever Reach) and has opening and clicking statistics. In this case, ask the shipping service providers for a "order processing contract" (or "Data Processing Agreement"). If you are sending the newsletter yourself or do not do any analysis, you will need to shorten the pattern accordingly.

Note: Please already indicate in the context of the application, i. in the registration form, the contents of the newsletter and the evaluation of the opening and clicking behavior, for example:

Our newsletter contains information about our products, offers, promotions and our company. Information on data protection, revocation, logging as well as the measurement of success covered by the consent can be found in our [LINK] Privacy Policy [/ Link].

If you use a shipping service provider, you will need to complete information about them and can use these examples (use of an EU and third-country service provider):

Shipping Service Provider: The newsletter is sent by CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, hereinafter referred to as "shipping service provider". The privacy policy of the shipping service provider can be viewed here: https://www.cleverreach.com/de/datenschutz/.

Shipping Service Provider: The newsletter is distributed via MailChimp, a newsletter shipping platform owned by Rocket Science Group, LLC, 675 Ponce De Leon Ave. NE # 5000, Atlanta, GA 30308, USA. The privacy policy of the shipping service provider can be viewed here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection standards (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).

Note on the legal basis: Please select the variant for Germany or Austria for the information on the legal basis. Please take into account that in Austria, due to a provision of the E-Commerce Act (ECG), the so-called "ECG list" must be taken into account. This list is maintained by the Regulatory Authority for Telecommunications and Broadcasting (RTR-GmbH): https://www.rtr.at/de/tk/TKKS_Spam. It contains those e-mail addresses to which no e-mails may be sent.

28. Newsletter
28.1. With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.

28.2. Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users. Incidentally, our newsletters contain information about our products, offers, promotions and our company.

28.3. Double opt-in and logging: Registration for our newsletter is done in a so-called double-opt-in procedure. That After registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider will be logged.

28.4. Shipping Service Provider: The newsletter is distributed via MailChimp, a newsletter shipping platform owned by Rocket Science Group, LLC, 675 Ponce De Leon Ave. NE # 5000, Atlanta, GA 30308, USA. The privacy policy of the shipping service provider can be viewed here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection standards (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).

28.5. Insofar as we use a shipping service provider, the shipping service provider may, according to its own information, transmit these data in pseudonymous form, i. without assignment to a user, to optimize or improve their own services, e.g. for the technical optimization of the dispatch and the presentation of the newsletters or for statistical purposes to determine from which countries the recipients come. However, the shipping service provider does not use the data of our newsletter recipients to write them down or to pass them on to third parties.

28.6. Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to give a name in the newsletter for personal address.

28.7. Measuring success - The newsletters contain a so-called "web beacon", i. a pixel-sized file that is retrieved from the server when opening the newsletter from our server, or if we use a shipping service provider. This call will initially collect technical information, such as information about the browser and your system, as well as your IP address and time of retrieval. This information is used to improve the technical performance of services based on their specifications or audience and their reading habits, based on their locations (which can be determined using the IP address) or access times. Statistical surveys also include determining if the newsletters will be opened, when they will be opened and which links will be clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our intention, nor, if used, that of the shipping service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

28.8. Germany: The sending of the newsletter and the measurement of success are based on the consent of the recipients acc. Art. 6 para. 1 lit. a, Art. 7 DSGVO in connection with § 7 Abs. 2 Nr. 3 UWG or on the basis of the legal permission according to Art. § 7 Abs. 3 UWG.

28.9. Austria: The dispatch of the newsletter and the success measurement are made on the basis of a consent of the recipients acc. Art. 6 para. 1 lit. a, Art. 7 DSGVO i.V.m. § 107 Abs. 2 TKG or on the basis of the legal permission acc. Section 107 (2) and the like 3 TKG.

28.10. The logging of the registration process is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f DSGVO and serves as proof of consent to the receipt of the newsletter.

28.11. Newsletter recipients may terminate the receipt of our newsletter at any time, ie. Revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, their consent to success measurement expires. A separate revocation of the performance measurement is unfortunately not possible, in this case, the entire newsletter subscription must be terminated. By unsubscribing from Newsletter, the personal data will be deleted, unless their retention is legally required or justified, in which case their processing is limited only to these exceptional purposes. In particular, we may save the e-mail addresses sent for up to three years based on our legitimate interests before deleting them for purposes of sending out newsletters in order to provide evidence of prior consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.

Note: Please check if these services are used within your online offer and adjust the listing accordingly. You can add additional services according to the existing examples.
29. Integration of services and content of third parties
29.1. Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), we make use of content or services offered by third-party providers in order to provide their content and services Services, such as Include videos or fonts (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 could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information 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 sites, visit time, and other information regarding the use of our online offer.

29.2. The following presentation provides an overview of third-party providers as well as their contents, as well as links to their data protection statements, which contain further information on the processing of data and, for already mentioned here, contradictory possibilities (so-called opt-out) included
- If our customers use the payment services of third parties (for example, PayPal or Sofortüberweisung), the terms and conditions and the privacy notices of the respective third party, which are available within the respective websites, or transactional applications.

- External fonts from Google, LLC., Https://www.google.com/fonts ("Google Fonts"). The integration of Google fonts is done by a server call on Google (usually in the US). Privacy Policy: https://policies.google.com/privacy, opt-out: https://adssettings.google.com/authenticated.

- Maps provided by Google Maps third party Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://www.google.com/settings/ads/.

- Third-party Google Inc.'s YouTube Platforms, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://www.google.com/settings/ads/.

- Within our online offer functions of the service Google+ are included. These features are offered through third party Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. If you're logged in to your Google+ account, you can link the contents of our pages to your Google+ profile by clicking the Google+ button. This allows Google to associate your visit to our pages with your user account. We point out that we as the provider of the pages are not aware of the content of the transmitted data and their use by Google+. Privacy Policy: https://policies.google.com/privacy, opt-out: https://adssettings.google.com/authenticated.

- Within our online offer functions of the service Instagram are involved. These features are provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, United States. If you are logged in to your Instagram account, you can link the contents of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We point out that we as the provider of the pages do not receive knowledge of the content of the transmitted data and their use by Instagram. Privacy Policy: http://instagram.com/about/legal/privacy/.

- We use social plugins from the Pinterest social network operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA ("Pinterest"). When you visit a page containing such a plugin, your browser connects directly to the servers of Pinterest. The plugin transmits protocol data to the server of Pinterest in the USA. This log data may include your IP address, the address of the websites visited, which also includes Pinterest features, browser type and settings, the date and time of the request, how you use Pinterest, and cookies. Privacy Policy: https://about.pinterest.com/en/privacy-policy.

- Within our online offer functions of the service, or the platform Twitter included (hereinafter referred to as "Twitter"). Twitter is an offer from Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, United States. Features include displaying our posts within Twitter within our online offering, linking to our profile on Twitter, as well as the ability to interact with Twitter posts and features, as well as measuring whether users are using the ads we've posted on Twitter access our online offer (so-called conversion measurement). Twitter is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Privacy Policy: https://twitter.com/privacy, Opt-Out: https://twitter.com/personalization.