Version of 21 February 2020
The legal bases of data collection and use can be found in Regulation (EU) 2016/679, the Federal Data Protection Act (BDSG), and the Telemedia Act (TMG) ,and will be specified in more detail below.
2 Name and contact details of the responsible person
Within the meaning of data protection law, responsible person for the collection and use of personal data in the operation of the offer is Ina Pförtner, Schöneberger road 12, 12163 Berlin, Germany, E-Mail Administrator @ ina-pfoertner. de, as far as below other responsible persons and their role are not indicated. This person is hereinafter referred to as “Company” or “We”.
3 Purposes of processing, legal basis, legitimate interests, recipients
3.1 Contract execution
Like any company, we collect the necessary data to initiate, prepare, conclude, execute and settle any legal transaction in which you are a supplier, service provider, customer or service recipient. This may be personal data in terms of data protection law, in particular data of the following categories:
- Billing Information,
- Address data and contact data, in particular the name, first name, the title as well as the contact details of contact persons by means of communication,
- in the case of holders of a VAT identification number of a Member State other than Germany, the VAT identification number,
- Data that may provide any indication to interests and preferences that may be of importance to us for the purchase or offering of services or goods,
- Bank details,
- General Contract Data,
- the fact that a beneficiary has a certificate within the meaning of Section 4 (21) (b) (aa) of the German VAT Law, and to the scope of such certificate,
- Contractual data, in particular the nature and extent of the ordered and provided services or the type and quantity of ordered and delivered goods, the date of execution and, if necessary, the names of persons involved in the execution of the contract,
- Data required to prove and manage compliance with the Book Price Fixing Act of any country, in particular the name and address of persons and entities to whom products subject to fixed book prices are sold for less than the fixed retail price and, where applicable, facilities where the persons to which such a charge is made are active, and products submitted, and the date thereof
- Payment data and
- Data on late payments and reminders.
We only use data to the extent necessary for our business operations. We do not sell or give away data to third parties. Rather, we use the data only for the following common business purposes:
- Administration of incoming and outgoing payments
- Creation of outgoing correspondence, including invoices,
- Processing of incoming and outgoing invoices,
- Holding customer or supplier-related documents,
- Posting of salary and salary payments as well as keeping the associated documents,
- Creation and archiving of the original correspondence,
- Maintenance and use of the database of customers and suppliers and assigned orders, orders and payments including the goods and services provided and sales and revenues,
- Assignment of claims for the purpose of real or improper factoring for financing business operations,
- Customer and supplier-related evaluation of business transactions for the evaluation of the business relationship and other aspects of marketing and product planning,
- Administration and proof of compliance with further legislation, in particular the Book Price Fixing Act,
- Use of the stored data as part of tax records or receipts as well as
- Preservation of our rights arising from the contractual relationship.
Where the data is necessary for the performance of a contract of which we are a party or for the performance of pre-contractual action at the request of the data subject, the legal basis for the processing is Article 6 (1) sentence 1 (b) of Regulation (EU) 2016/679 , The legal basis of the processing is Article 6 (1) sentence 1 (c) of Regulation (EU) 2016/679 in conjunction with §§ 140 to 147 of the German Tax Code, insofar as the stored data are used as part of tax records or supporting documents, this including the VAT Identification Number. The legal basis of the processing for proving compliance with other legal requirements, as well as for assessing the business relationship and other aspects of marketing and product planning, is Article 6 (1) sentence 1 (f) of Regulation (EU) 2016/679. The legitimate interest lies in avoiding legal disadvantages, and in facilitating our presence as a buyer or provider on the market.
The recipients of the personal data mentioned are:
on our intiative:
- Banks in the context of payments (in particular transfer data),
- the IO Factory GmbH, Grabauer Straße 38, 23843 Bad Oldesloe, Germany, for the production of output correspondence (printing, inserting, sending),
- forwarding and logistics service providers, in particular Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany, and United Parcel Service Deutschland S.à.r.l. & Co. OHG, Görlitzer Straße 1, 41460 Neuss, Germany,
- for deliveries and services to recipients within the European Union, but outside of Germany, which have a non-German VAT identification number, the Federal Central Tax Office in the context of summary notifications,
- aifinyo GmbH, Friedrichstraße 94, 10117 Berlin, as our factoring partner, as well as
- Collection agencies, lawyers and courts in the context of debt collection and recovery measures and
only on request:
- Authorities in the exercise of their statutory powers, in particular financial or commercial authorities.
The duration of storage depends on its purpose. If the purpose is fulfilled, the data is deleted. In particular, the retention period of data whose retention is required under the Tax Code is determined by the deadlines specified therein, and may therefore amount to ten to twelve years.
3.2 Communication by e-mail, fax or contact form
When communicating with us (for example by contact form, fax or e-mail), the details of all parties involved in the communication are collected and stored. In addition to the contents of the message, technical data such as the transmission path, communication paths involved in the transmission, and IP addresses are also automatically transmitted and stored. The data is processed to check whether we will respond to the contact and, if necessary, to develop and send a response. The legal basis of the processing is Article 6 (1) sentence 1 (f) of Regulation (EU) 2016/679. The legitimate interest consists in the possibility to processhe request, as well as, in the event that follow-up questions arise, the possibility of recourse to the original and any other earlier request. Incidentally, the instructions for contract execution (point 3.1) apply in addition.
4 obligation to provide; Consequences of non-provision
The provision of personal data is required for contracting. Our offer is not addressed to anonymous customers (such as in a retail store). Furthermore, we do not wish to receive any supplies and services from anonymous persons. In particular, the name and address, name of at least one contact person and contact details such as e-mail address and telephone numbers are required for the conclusion of any contract. We also need to know which deliveries and services are or should be the subject of the contract. Since we do not pay cash, or accept cash payments, bank details are mandatory for the conclusion of the contract if we are to initiate a payment or direct debit.
If you contact us, and if you do not provide any contact information, we will not be able to respond to you if we do not have the data yet.
If you, as a company or other legal entity established in a Member State other than Germany, do not provide us with your correct VAT identification number, we will not be able to provide you with any supplies or services without charging VAT.
If you do not inform us in the manner required under the German VAT implementation decree that you are, as a recipient of such of our services, which are covered by a certificate within the meaning of § 4 no. 21 letter b double letter aa of the German VAT act, we cannot waive the charge of VAT according to § 4 Point 21 (b) (bb) of the VAT Act for the respective services provided to you.
If you do not provide us with data required to prove and administer compliance with the Book Price Fixing Act, we can only supply you with products subject to book pricing in a manner as we may do with regard to any final customer, with no exceptions, in particular with respect to the price, so that we would regularly have to charge the fixed store price.
You are not legally required to provide any personal data mentioned hereabove.
5 Statement on automated decision-making
6 Rights of the persons concerned (users)
Users have some rights under Regulation (EU) 2016/679 with regard to personal data collected, which are reported below.
6.1 Right to information
There is a right of information on the part of the person responsible about the personal data concerned.
You can exercise your right to information to us by using the contact form below. Any other, preferably textual contact, such as e-mail or mail, of course, can also be used.
6.2 Right to rectification
The data subject, in particular a user, has the right to demand from the provider, without delay, the correction of inaccurate personal data concerning him. In addition, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement; however, when examining and implementing the request, account must be taken of the purposes of the processing. There is therefore no right to supplement data that is not necessary for the processing and therefore would not be collected from the outset.
You may exercise your right of rectification against us by using the contact form below. Any other, preferably textual contact, such as e-mail or mail, of course, can also be used.
6.3 Right to object
The data subject, and in particular the user, has the right, at any time, to object to the processing of personal data collected under Article 6 (1) (e) or (f) of Regulation (EU) 2016 / 679; this also applies to any profiling based on these provisions. However, we do not process data on the basis of Article 6 (1) (e), but only on the basis of Article 6 (1) (f) of Regulation (EU) 2016/679 (“legitimate interest”), where indicated above. We cease to process personal information in the event of an objection, unless we can demonstrate compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subject, or if the processing is required for the purpose of enforcing, exercising or defending legal claims. When personal data are processed to operate direct marketing, the data subject has the right to object at any time to the processing of personal data concerning him or her for the purposes of such advertising; this also applies to profiling insofar as it is associated with such direct marketing. If the data subject objects to processing for direct marketing purposes, the personal data will no longer be processed for these purposes. You can exercise your right to object to us by using the contact form below. Any other, preferably textual contact, such as e-mail or mail, of course, can also be used.
6.4 Right to deletion (“Right to be forgotten”)
The data subject has the right to request that personal data concerning the person be deleted immediately, and we are obliged to delete personal data immediately if one of the following applies:
- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- The data subject withdraws the consent on which the processing was based and lacks any other legal basis for the processing.
- The data subject objects to the processing as described above and there are no high-level legitimate grounds for processing or the data subject objects to processing for direct marketing purposes.
- The personal data were processed unlawfully.
- The deletion of personal data is required to fulfill a legal obligation under Union or national law of the Member States of the European Union to which the person responsible is subject.
- The personal data were collected in relation to information society services offered in accordance with Article 8 (1) of Regulation (EU) 2016/679.
You may exercise your right to deletion (“right to be forgotten”) by using the contact form below. Any other, preferably textual contact, such as e-mail or mail, of course, can also be used.
6.5 Right to restriction of processing
The data subject has the right to ask us to restrict processing if one of the following conditions applies:
- The accuracy of the personal data is disputed by the data subject; the restriction of the processing then takes place for a period which allows us to verify the accuracy of the personal data,
- the processing is unlawful and the data subject refuses to delete the personal data and instead requests the restriction of the use of the personal data. In such cases, the legal basis for any further processing is Article 18 (1) (b) in conjunction with Article 6 (1) sentence 1 (a) of Regulation (EU) 2016/679.
- we no longer need the personal data for the purposes of processing, but the data subject requires them to assert, exercise or defend legal claims, or
- The data subject has objected to the processing of data used for purposes other than direct marketing, and it is not yet clear whether our legitimate reasons outweigh those of the data subject.
If the processing has been restricted in such cases , these personal data may only be stored with the consent of the data subject or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for important reasons the public interest of the Union or of a Member State.
You can exercise your right to restriction of processing by using the contact form below. Any other, preferably textual contact, such as e-mail or mail, of course, can also be used.
6.6 Data transferability
The data subject has the right to receive the personal data that he or she has provided to us in a structured, common and machine-readable format, and has the right to transfer this data to another person without hindrance from us, provided that the processing is based on a consent pursuant to Article 6 (1) sentence 1 (a) or Article 9 (2) (a) of Regulation (EU) 2016/679 or a contract pursuant to Article 6 (1) sentence 1 (b) of Regulation (EU) 2016/679 and are processed using automated procedures. In exercising this right to data portability, the data subject has the right to demand that the personal data are transmitted directly by us to another party, as far as technically feasible. The exercise of this right to transfer data is without prejudice to the right of cancellation. It must not affect the rights and freedoms of others.
You can exercise your right to data transferability with us by using the contact form below. Of course, any other preferably textual contact option, such as e-mail or letter post, can also be used.
6.7 Right to revoke a consent at any time
The data subject has the right to revoke his or her consent to data processing at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
You can withdraw your consent by using the contact form below. Any other, preferably textual contact, such as e-mail or mail, of course, can also be used.
6.8 Right to complain to a supervisory authority
All persons have a right to complain to a supervisory authority.
7 Information for customers in Australia
If you are a Member who lives in Australia, this Section applies to you. We are subject to the operation of the Privacy Act 1988 (“Australian Privacy Act”). Here are the specific points you should be aware of:
Where we say we assume an obligation about Personal Information, we are also requiring our subcontractors to undertake a similar obligation, where relevant.
We will not use or disclose Personal Information for the purpose of our direct marketing to you unless: you have consented to receive direct marketing; you would reasonably expect us to use your personal details for the marketing; or we believe you may be interested in the material but it is impractical for us to obtain your consent. You may opt out of any marketing materials we send to you through an unsubscribe mechanism or by contacting us directly. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as “direct marketing” under the Australian Privacy Act, including changes to our terms, system alerts, and other information related to your account.
Our servers are primarily located in Germany. In addition, we or our subcontractors, may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of off-shore activity. All of our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas.
If you think the information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request.
If you are unsatisfied with our response to a privacy matter then you may consult either an independent advisor or contact the Office of the Australian Information Commissioner for additional help. We will provide our full cooperation if you pursue this course of action.
8 Information for customers in California
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or email.