privacy

Data protection

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profile (hereinafter jointly referred to as "online offer"). With regard to the terminology used, such as We refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR) for “processing” or “responsible”.

 

Responsible person

escha owner Reiner Schaudt e. K.

Street fields 14

89195 Staig-Steinberg

Germany

Email: info@escha.com

Owner: Reiner Schaudt

Link to the imprint: http://escha.com/impressum/

 

Types of data processed:

- Inventory data (e.g., names, addresses).

- Contact details (e.g., e-mail, telephone numbers).

- Content data (e.g., text input, photographs, videos).

- Usage data (e.g. websites visited, interest in content, access times).

- Meta / communication data (e.g., device information, IP addresses).

 

Categories of data subjects

Visitors and users of the online offer (in the following we also refer to the persons concerned collectively as "users").

Purpose of processing

- Provision of the online offer, its functions and content.

- Answering contact requests and communicating with users.

- Safety measures.

- Reach measurement / marketing

 

terms used

“Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

“Processing” is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term is broad and includes practically every handling of data.

"Pseudonymisation" is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.

“Profiling” means any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal To analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.

“Responsible” means the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

"Processor" means a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing in order to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 Paragraph 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 Para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as the legal basis.

 

Safety measures

In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons, we make suitable technical and organizational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data as well as the access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures that ensure that data subjects' rights are exercised, that data are deleted and that data are responded to at risk. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).

 

Cooperation with processors and third parties

If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, as is required for payment service providers in accordance with Art. 6 Para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or based on our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties with the processing of data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

 

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens 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 if the special requirements of Art. 44 ff. GDPR are met. I.e. processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

 

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

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

 

Right of withdrawal

You have the right to revoke your consent in accordance with. To revoke Art. 7 Para. 3 GDPR with effect for the future

 

Right to object

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

 

Cookies and right to object to direct mail

"Cookies" are small files that are stored on the users' computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, e.g. the contents of a shopping cart in an online shop or a login status can be saved. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. E.g. the login status can be saved if the user visits it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, they are referred to as "first-party cookies").

We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. 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.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that you may then not be able to use all the functions of this online offer.

 

Deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. I.e. the data will be blocked and not processed for other purposes. This applies e.g. for data that must be kept for commercial or tax reasons.

According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation Documents, etc.) and 6 years according to § 257 Paragraph 1 No. 2 and 3, Paragraph 4 HGB (commercial letters).

According to legal requirements in Austria, the storage takes place in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services, which are provided to non-entrepreneurs in EU member states and for which the mini-one-stop shop (MOSS) is used.

 

Business related processing

We also process

- Contract data (e.g., subject of the contract, term, customer category).

- Payment data (e.g., bank details, payment history)

by our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

 

Order processing in the online shop and customer account

We process the data of our customers as part of the order processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.

The processed data includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

The processing takes place on the basis of Art. 6 Para. 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as necessary is required for the establishment and fulfillment of the contract. We only disclose the data to third parties in the context of delivery, payment or in the context of legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment).

Users can optionally create a user account in which they can see their orders in particular. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot 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 reasons in accordance with Art. 6 Para. 1 lit. c GDPR necessary. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is up to the users to save their data in the event of termination before the end of the contract.

As part of the registration and renewed logins as well as the use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the user in protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with. Art. 6 para. 1 lit. c GDPR.

The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of storing the data is checked every three years; In the case of the statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

 

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Art. 6 Para. 1 lit. b. GDPR in order to provide you with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship.

The processed data includes the master data of our contractual partners (e.g., names and addresses), contact details (e.g. e-mail addresses and telephone numbers) as well as contract data (e.g., services used, contract content, contractual communication, names of contact persons) and payment data (e.g., Bank details, payment history).

In principle, we do not process special categories of personal data, unless these are part of a commissioned or contractual processing.

We process data that are required for the establishment and fulfillment of the contractual services and point out the necessity of their disclosure, if this is not evident for the contractual partner. Disclosure to external persons or companies only takes place if it is required in the context of a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements.

In the context of using our online services, we can save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the interests of the users in protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is to pursue our claims acc. Art. 6 para. 1 lit. f. GDPR required or there is a legal obligation to do so in accordance with. Art. 6 para. 1 lit. c. GDPR.

 

The data will be deleted when the data is no longer required to fulfill contractual or statutory duties of care or to deal with any warranty or comparable obligations, whereby the need to store the data is checked every three years; Otherwise, the statutory retention requirements apply.

 

External payment service providers

We use external payment service providers on whose platforms the user and we can carry out payment transactions (e.g., each with a link to the data protection declaration, PayPal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzpolitik/), Giropay (https://www.giropay.de/ legal / datenschutz-agb /), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https: / /www.americanexpress.com/de/content/privacy-policy-statement.html)

As part of the fulfillment of contracts, we use the payment service providers on the basis of Art. 6 Paragraph 1 lit. b. GDPR. In addition, we use external payment service providers based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f. GDPR 

 

in order to offer our users effective and secure payment options.

The data processed by the payment service providers include inventory data, such as the name and address, bank details such as Account numbers or credit card numbers, passwords, TANs and checksums as well as the contract, totals and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. I.e. We do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data will be transmitted by the payment service provider to credit reporting agencies. The purpose of this transmission is to check your identity and creditworthiness. For this we refer to the terms and conditions and data protection information of the payment service providers.

For payment transactions, the terms and conditions and the data protection information of the respective payment service provider apply, which can be accessed on the respective websites or transaction applications. We also refer to these for the purpose of further information and the assertion of rights of revocation, information and other data subjects.

 

Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The processing bases are Art. 6 Para. 1 lit. c. GDPR, Art. 6 Para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information given for these processing activities.

We disclose or transmit data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.

Furthermore, on the basis of our business interests, we store information about suppliers, organizers and other business partners, e.g. for later contact. We generally store this mostly company-related data permanently.

 

Registration function

Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and based on Art. 6 Para. 1 lit. b GDPR processed for the purpose of providing the user account. The processed data includes, in particular, the login information (name, password and an email address). The data entered during registration will be used for the purpose of using the user account and its purpose.

Users can access information relevant to their user account, such as technical changes, to be informed by email. If users have canceled their user account, their data will be deleted with regard to the user account, subject to a statutory retention period. It is up to the users to save their data in the event of termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.

As part of the use of our registration and login functions as well as the use of the user account, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the users in protection against misuse and other unauthorized use. This data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with. Art. 6 para. 1 lit. c. GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.

 

contact

When contacting us (e.g. via the contact form, email, telephone or via social media), the information provided by the user is used to process the contact request and its processing in accordance with. Art. 6 para. 1 lit. b. (within the framework of contractual / pre-contractual relationships), Art. 6 Para. 1 lit. f. (other inquiries) DSGVO processed. The user information can be stored in a customer relationship management system ("CRM system") or a comparable inquiry organization.

We delete the inquiries if they are no longer required. We review the requirement every two years; The statutory archiving obligations also apply.

 

Newsletter

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 declare that you agree to the receipt and the procedures described.

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 with legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. In addition, our newsletters contain information about our services and us.

Double opt-in and logging: The registration for our newsletter takes place in a so-called double opt-in procedure. I.e. After registration, you will receive an email asking you to confirm your registration. This confirmation is necessary so that nobody can register with someone else's e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Changes to your data stored by the shipping service provider are also logged.

Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name in order to address you personally in the newsletter.

The dispatch of the newsletter and the success measurement associated with it are based on the consent of the recipient in accordance with. Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with Section 7 Paragraph 2 No. 3 UWG or, if consent is not required, on the basis of our legitimate interests in direct marketing acc. Art. 6 para. 1 according to f. GDPR in conjunction with Section 7 (3) UWG.

The logging of the registration process is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f GDPR. Our interest is based on the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of users and also allows us to prove consent.

Cancellation / revocation - you can cancel the receipt of our newsletter at any time, i.e. Revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. On the basis of our legitimate interests, we can save the unsubscribed email addresses for up to three years before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time.

 

Newsletter - Newsletter2Go

The newsletter is sent by the mailing service provider Newsletter2Go GmbH, Köpenicker Str. 126, 10179 Berlin, Germany. You can view the data protection provisions of the shipping service provider here: https://www.newsletter2go.de/datenschutz/. The shipping service provider is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f. GDPR and an order processing contract acc. Art. 28 para. 3 sentence 1 GDPR is used.

The shipping service provider can send the recipient's data in pseudonymous form, i.e. without assignment to a user, to optimize or improve your own services, e.g. for the technical optimization of the dispatch and the presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

 

Hosting and e-mailing

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services and technical maintenance services that we use for the purpose of operating this online offer.

We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offer based on our legitimate interests in an efficient and secure provision of this online offer in accordance with. Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of an order processing contract).

 

Collection of access data and log files

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

For security reasons (e.g. to investigate acts of abuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.

 

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke

 

 

 

 

 

 

 

 

 

 

 

 

 

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