Privacy Notice in Accordance with the GDPR

The data controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states, as well as other data protection regulations, is:

ProReServ

Professional Retail Service GmbH

Siemensstraße 9

63263 Neu-Isenburg

Phone: 069/96231-0

Email: info@Proreserv.de

Website: www.ProReServ.de

I. Name and Address of the Data Protection Officer

The data protection officer for the data controller is:

Data Protection Officer

ProReServ

Professional Retail Service GmbH

Siemensstraße 9

63263 Neu-Isenburg

Email: datenschutz@proreserv.de

 

II. General Information on Data Processing

1. Scope of the Processing of Personal Data

As a general rule, we process our users’ personal data only to the extent necessary to provide a fully functional website, as well as our content and services. The processing of our users’ personal data generally takes place only with the user’s consent. An exception applies in cases where obtaining prior consent is not possible for practical reasons and the processing of the data is permitted by law.

2. Legal Basis for the Processing of Personal Data

To the extent that we obtain the data subject’s consent for the processing of personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of precontractual measures.

To the extent that the processing of personal data is necessary to comply with a legal obligation to which our company is subject, Article 6(1)(c) of the GDPR serves as the legal basis.

In cases where the vital interests of the data subject or another natural person necessitate the processing of personal data, Article 6(1)(d) of the GDPR serves as the legal basis.

If processing is necessary to safeguard a legitimate interest of our company or a third party, and the interests, fundamental rights, and fundamental freedoms of the data subject do not override the former interest, then Article 6(1)(f) of the GDPR serves as the legal basis for the processing.

3. Data Deletion and Retention Periods

The data subject’s personal data will be deleted or blocked as soon as the purpose for which it was stored no longer applies. Data may also be stored if this is provided for by European or national legislation in EU regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or deleted when a retention period prescribed by the aforementioned standards expires, unless further storage of the data is necessary for the conclusion or performance of a contract.

III. Provision of the Website and Creation of Log Files

1. Description and Scope of Data Processing

Every time our website is accessed, our system automatically collects data and information from the computer system of the user accessing the site.

The following data is collected in this process:

  • Information about the browser type and version being used
  • The user’s operating system
  • The user’s IP address
  • Date and time of access

The data is also stored in our system’s log files. This data is not stored together with any other personal data belonging to the user.

2. Legal Basis for Data Processing

The legal basis for the temporary storage of data and log files is Article 6(1)(f) of the GDPR.

3. Purpose of Data Processing

The system must temporarily store the IP address in order to deliver the website to the user’s computer. To do this, the user’s IP address must be stored for the duration of the session.

Data is stored in log files to ensure the proper functioning of the website. In addition, we use this data to optimize the website and ensure the security of our IT systems. The data is not analyzed for marketing purposes in this context.

These purposes also constitute our legitimate interest in data processing pursuant to Article 6(1)(f) of the GDPR.

4. Duration of Storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of data collected for the purpose of providing the website, this occurs when the respective session ends.

If the data is stored in log files, this occurs no later than 4 weeks.

5. Right to Object and Remedy

The collection of data for the purpose of providing the website and the storage of that data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object.

IV. Use of Cookies

  1. a) Description and Scope of Data Processing

Our website uses cookies. Cookies are text files that are stored in or by the web browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a unique string of characters that allows the browser to be uniquely identified when the website is visited again.

We use cookies to make our website more user-friendly. Some elements of our website require that the browser used to access the site can be identified even after changing pages.

The following data is stored and transmitted in the cookies:

  • Language Settings
  1. b) Legal basis for data processing

The legal basis for the processing of personal data using cookies is Article 6(1)(f) of the GDPR.

The legal basis for the processing of personal data using technically necessary cookies is Article 6(1)(f) of the GDPR.

The legal basis for processing personal data using cookies for analytical purposes is Article 6(1)(a) of the GDPR, provided the user has given consent for such processing.

  1. c) Purpose of data processing

The purpose of using technically necessary cookies is to make it easier for users to navigate websites. Some features of our website cannot be provided without the use of cookies. These features require that the browser be recognized even after the user navigates to another page.

We need cookies for the following applications:

  • Applying Language Settings

The user data collected through technically necessary cookies is not used to create user profiles.

These purposes also constitute our legitimate interest in processing personal data pursuant to Article 6(1)(f) of the GDPR.

  1. e) Duration of Storage, Right to Object, and Right to Erasure

Cookies are stored on the user’s computer and transmitted from there to our site. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your web browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, you may no longer be able to use all of the website’s features to their fullest extent.

  1. F) List of the cookies we use

Using Adobe Typekit

We use Adobe Typekit for the visual design of our website. Typekit is a service provided by Adobe Systems Software Ireland Ltd. that grants us access to a font library. To display the fonts we use, your browser must connect to an Adobe server in the United States and download the font required for our website. As a result, Adobe receives the information that our website was accessed from your IP address. For more information about Adobe Typekit, please see Adobe’s privacy policy, which you can access here:  www.adobe.com/privacy/typekit.html

Using LeadLab/WiredMinds

For marketing and optimization purposes, this website uses products and services provided by wiredminds GmbH (www.wiredminds.de). In doing so, data is collected, processed, and stored, and used to create usage profiles under a pseudonym. Where possible and appropriate, these usage profiles are fully anonymized. Cookies may be used for this purpose.   

Using ajax.googleapis.com/jQuery

On our website, we use Ajax and jQuery technologies to display content. To do this, we access program libraries from Google servers. We use Google’s CDN (Content Delivery Network). If you have previously used jQuery from the Google CDN on another page, your browser will access the copy stored in the cache. If this is not the case, a download will be required, during which data will be transmitted from your browser to Google Inc. (“Google”). Your data will be transferred to the United States.

By using this service, the user consents to the processing of data collected about him or her by Google, its agents, or third-party providers.

For more information, visit: https://code.jquery.com/

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential information, such as orders or inquiries that you send to us as the site operator. You can recognize an encrypted connection by the fact that the browser’s address bar changes from “http://” to “https://” and by the lock icon in your browser’s address bar. When SSL or TLS encryption is enabled, the data you transmit to us cannot be read by third parties.

Wordfence

We have integrated Wordfence into this website. The provider is Defiant Inc., Defiant, Inc., 800 5th Ave Ste 4100, Seattle, WA 98104, USA (hereinafter “Wordfence”).

Wordfence is used to protect our website from unauthorized access or malicious cyberattacks. To this end, our website establishes a persistent connection to Wordfence’s servers so that Wordfence can compare access attempts made on our website against its databases and block them if necessary.

The use of Wordfence is based on Article 6(1)(f) of the GDPR. The website operator has a legitimate interest in protecting its website as effectively as possible against cyberattacks. If consent has been obtained, processing is carried out exclusively on the basis of Article 6(1)(a) of the GDPR; consent may be withdrawn at any time.

Data transfers to the United States are based on the European Commission’s Standard Contractual Clauses. For details, see here:  https://www.wordfence.com/help/general-data-protection-regulation/.

Order Processing

We have entered into a Data Processing Agreement (DPA) with the provider mentioned above. This is a contract required under data protection law that ensures the provider processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

iThemes Security

We have integrated iThemes Security into this website. The provider is iThemes Media LLC, 1720 South Kelly Avenue, Edmond, OK 73013, USA (hereinafter “iThemes Security”).

iThemes Security is used to protect our website from unauthorized access or malicious cyberattacks. To this end, iThemes Security collects, among other things, your IP address, the time and source of login attempts, and log data (e.g., the browser used). iThemes Security is installed locally on our servers.

iThemes Security transmits the IP addresses of repeat attackers to a central iThemes database in the United States (Network Brute Force Protection) in order to prevent such attacks in the future.

The use of iThemes Security is based on Article 6(1)(f) of the GDPR. The website operator has a legitimate interest in protecting its website as effectively as possible against cyberattacks. If consent has been obtained, processing is carried out exclusively on the basis of Article 6(1)(a) of the GDPR; consent may be withdrawn at any time.

V. Contact Form and Email Contact

1. Description and Scope of Data Processing

Our website features a contact form that can be used to contact us electronically. If a user chooses this option, the data entered in the form is transmitted to us and stored. This data includes:

The following is a list of the data in the input form

At the time the message is sent, the following data is also stored:

The following is a list of the relevant data. Examples might include:

  • The user’s IP address
  • Date and time of registration

Your consent to the processing of your data will be obtained as part of the submission process, and you will be referred to this Privacy Policy.

Alternatively, you may contact us via the email address provided. In this case, the user’s personal data transmitted via email will be stored.

In this context, the data is not shared with third parties. The data is used exclusively for processing the conversation.

2. Legal Basis for Data Processing

The legal basis for processing the data is Article 6(1)(a) of the GDPR, provided the user has given consent.

The legal basis for processing the data transmitted when sending an email is Article 6(1)(f) of the GDPR. If the purpose of the email contact is to enter into a contract, the additional legal basis for the processing is Article 6(1)(b) of the GDPR.

3. Purpose of Data Processing

We process the personal data entered in the form solely for the purpose of responding to your inquiry. If you contact us via email, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the submission process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of Storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For personal data entered in the contact form and data sent via email, this occurs when the respective conversation with the user has ended. The conversation is considered concluded when the circumstances indicate that the matter in question has been definitively resolved.  

Any additional personal data collected during the submission process will be deleted no later than 2 months after collection.

5. Right to Object and Remedy

The user may withdraw their consent to the processing of their personal data at any time. If the user contacts us via email, they may object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

In this case, all personal data stored when you contacted us will be deleted.

VI. Rights of the Data Subject

The following list includes all rights of data subjects under the GDPR. Rights that are not relevant to your own website do not need to be listed. In this regard, the list may be shortened.

If your personal data is processed, you are a data subject within the meaning of the GDPR, and you have the following rights with respect to the controller:

1. Right to Information

You may request confirmation from the data controller as to whether we are processing personal data concerning you.

If such processing is taking place, you may request the following information from the controller:

(1) the purposes for which the personal data is processed;

(2) the categories of personal data that are processed;

(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;

(4) the planned duration of the storage of your personal data or, if it is not possible to provide specific information in this regard, the criteria used to determine the storage period;

(5) the existence of a right to have personal data concerning you rectified or erased, a right to restrict processing by the controller, or a right to object to such processing;

(6) the existence of a right to file a complaint with a supervisory authority;

(7) all available information regarding the origin of the data, if the personal data is not collected from the data subject;

(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and—at least in such cases—meaningful information regarding the logic involved, as well as the scope and intended consequences of such processing for the data subject.

You have the right to request information regarding whether your personal data will be transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

2. Right to Correction

You have the right to request that the controller correct and/or complete your personal data if the processed personal data concerning you is inaccurate or incomplete. The controller must correct the data without delay.

3. Right to Restriction of Processing

Under the following conditions, you may request that the processing of your personal data be restricted:

(1) if you contest the accuracy of your personal data for a period that allows the controller to verify the accuracy of the personal data;

(2) the processing is unlawful, and you object to the erasure of the personal data and instead request that the use of the personal data be restricted;

(3) the controller no longer needs the personal data for the purposes of the processing, but you need it to assert, exercise, or defend legal claims, or

(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it has not yet been determined whether the controller’s legitimate grounds override your interests.

If the processing of your personal data has been restricted, such data—with the exception of its storage—may be processed only with your consent or for the purpose of asserting, exercise, or defense of legal claims; to protect the rights of another natural or legal person; or for reasons of a substantial public interest of the Union or a Member State.

If the restriction on processing has been imposed in accordance with the above conditions, the data controller will notify you before the restriction is lifted.

4. Right to Erasure

a) Obligation to delete

You may request that the controller immediately delete the personal data concerning you, and the controller is obligated to delete such data immediately if any of the following grounds apply:

(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.

(2)       You revoke your consent, on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.

(3)       You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.

(4) The personal data concerning you has been processed unlawfully.

(5) The erasure of your personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data concerning you was collected in connection with the information society services offered, in accordance with Article 8(1) of the GDPR.

b) Disclosure to Third Parties

If the controller has made your personal data public and is obligated to erase it pursuant to Article 17(1) of the GDPR, it shall take appropriate measures, including technical measures, taking into account available technology and the cost of implementation, to inform the controllers processing the personal data that you, as the data subject, have requested that they erase all links to such personal data or any copies or replicas thereof.

c) Exceptions

The right to erasure does not apply if the processing is necessary

(1) to exercise the right to freedom of expression and information;

(2) to comply with a legal obligation that requires processing under Union or Member State law to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;

(4)       for archiving purposes in the public interest, scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, to the extent that the right referred to in subsection (a) is likely to render impossible or seriously impair the achievement of the purposes of such processing, or

(5) to assert, exercise, or defend legal claims.

5. Right to Information

If you have exercised your right to rectification, erasure, or restriction of processing with the controller, the controller is obligated to notify all recipients to whom your personal data has been disclosed of such rectification, erasure, or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed by the controller about these recipients.

6. Right to Data Portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

(1)       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

(2) the processing is carried out using automated means.

In exercising this right, you also have the right to have your personal data transferred directly from one data controller to another, provided that this is technically feasible. This must not infringe upon the freedoms and rights of others.

The right to data portability does not apply to the processing of personal data that 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.

7. Right to Object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data carried out pursuant to Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.

The controller will no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is necessary for the establishment, exercise, or defense of legal claims.

If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for such marketing purposes; this also applies to profiling to the extent that it is related to such direct marketing.

If you object to the processing of your personal data for direct marketing purposes, your personal data will no longer be processed for those purposes.

You have the option, in connection with the use of information society services—notwithstanding Directive 2002/58/EC—to exercise your right to object through automated procedures that use technical specifications.

8. Right to Withdraw Consent Under Data Protection Law

You have the right to withdraw your consent under data protection law at any time. Withdrawing your consent does not affect the lawfulness of any processing carried out on the basis of your consent prior to its withdrawal.

9. Automated decision-making in individual cases, including profiling

You have the right not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the controller,

(2) is permitted under Union or Member State law to which the controller is subject, and such law provides for appropriate measures to safeguard your rights and freedoms as well as your legitimate interests; or

(3) is done with your express consent.

However, these decisions may not be based on special categories of personal data as defined in Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect your rights and freedoms as well as your legitimate interests.

With respect to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including, at a minimum, the right to request that the controller appoint a person to act on your behalf, to present your own point of view, and to challenge the decision.

10. Right to File a Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State where you reside, where you work, or where the alleged infringement occurred, if you believe that the processing of your personal data violates the GDPR.

The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of seeking judicial remedy under Article 78 of the GDPR.