Privacy policy

With the following data protection declaration we would like to explain to you which types of your personal data (hereinafter also referred to as "data") we process, for what purposes and to what extent the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offer").

    As of August 22, 2019

    Contents overview

    • introduction
    • Responsible person
    • Overview of the processing
    • Relevant legal bases
    • Safety measures
    • Transmission and disclosure of personal data
    • Use of cookies
    • Commercial and business services
    • Use of online marketplaces for e-commerce
    • Payment service provider
    • Provision of the online offer and web hosting
    • Deletion of data
    • Change and update of the data protection declaration
    • Rights of data subjects
    • Definitions of terms

    Responsible person

    Niclas Nadler & Harry Varkentin GbR
    Harry Varkentin
    Gutenbergstrasse 6
    30966 Hemmingen

    Authorized representatives: Harry Varkentin & Niclas Nadler

    E-mail address: info@nightary-shop.de

      Overview of the processing

      The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

      Types of data processed

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

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

      • Contact details (e.g. email, telephone numbers).

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

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

      • Contract data (e.g. subject of the contract, duration, customer category).

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

      Categories of data subjects

      • Business and contractual partners.

      • Interested persons.

      • Customers.

      • Users (e.g. website visitors, users of online services).

      Purposes of processing

      • Visit action evaluation.

      • Office and organizational procedures.

      • Interest-based and behavioral marketing.

      • Contact requests and communication.

      • Profiling (creation of user profiles).

      • Safety measures.

      • Contractual services and services.

      • Management and answering of inquiries.

      Relevant legal bases

      In the following we share the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process the personal data. Please note that in addition to the regulations of the GDPR, the national data protection requirements in your or our country of residence and domicile may apply.

      • Consent (Art. 6 Para. 1 S. 1 lit. a GDPR) - The data subject has given their consent to the processing of their personal data for a specific purpose or for several specific purposes.

      • Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b.GDPR) - The processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures that are carried out at the request of the data subject.

      • Legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR) - The processing is necessary to fulfill a legal obligation to which the person responsible is subject.

      • Legitimate interests (Art. 6 Para. 1 S. 1 lit.f. GDPR) - The processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, outweigh this.

      National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national data protection regulations apply in Germany. This includes in particular the law on the protection against misuse of personal data during data processing (Federal Data Protection Act - BDSG). The BDSG contains in particular special regulations on the right to information, the right to erasure, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases including profiling. It also regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states can be applied.

        Safety measures

        We take appropriate technical and organizational measures in accordance with the legal requirements, 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 probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons 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 and electronic access to the data as well as the access, input, transfer, securing of availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to the threat to the data. Furthermore, we consider the protection of personal data already in 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.

        SSL encryption (https): In order to protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https: // in the address line of your browser.

        Transmission and disclosure of personal data

        As part of our processing of personal data, it may happen that the data is transmitted to other bodies, companies, legally independent organizational units or persons or they are disclosed to them. The recipients of this data can include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and, in particular, conclude corresponding contracts or agreements that serve to protect your data with the recipients of your data.

        Data transfer within the organization: We can transfer personal data to other bodies within our organization or grant them access to this data. If this transfer takes place for administrative purposes, the transfer of the data is based on our legitimate entrepreneurial and economic interests or takes place if it is necessary to fulfill our contractual obligations or if the consent of the person concerned or a legal permission is available.

        Use of cookies

        "Cookies" are small files that are stored on users' devices. Cookies can be used to store various information. For example, the language settings on a website, the login status, a shopping cart or the point where a video was viewed was to belong.

        As a rule, cookies are also used when the interests of a user or his behavior (e.g. viewing certain content, using functions, etc.) are stored in a user profile on individual websites. Such profiles are used to show users, for example, content that corresponds to their potential interests. This process is also known as "tracking", i.e. tracking the potential interests of users. The term cookies also includes other technologies that fulfill the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also known as "user IDs").

        If we use cookies or "tracking" technologies, we will inform you separately in our data protection declaration.

        Notes on legal bases: The legal basis on which we process your personal data with the help of cookies depends on whether we ask for your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or, if the use of cookies is necessary, to fulfill our contractual obligations.

        Revocation and objection (opt-out): Regardless of whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data using cookie technologies (collectively referred to as "opt-out").

        You can first explain your objection using the settings of your browser, e.g. by deactivating the use of cookies (which can also restrict the functionality of our online offer).

        You can object to the use of cookies for online marketing purposes using a variety of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU side http://www.youronlinechoices.com/ or generally on http://optout.aboutads.infobe explained.

        Processing of cookie data on the basis of consent: Before we process or have data processed in the context of the use of cookies, we ask the user for consent that can be revoked at any time. Before the consent has not been given, cookies may be used that are necessary for the operation of our online offer. They are used on the basis of our interest and the interest of the user in the expected functionality of our online offer.

        • Processed data types: Usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).

        • Affected people: Users (e.g. website visitors, users of online services).

        • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a GDPR), Legitimate Interests (Art. 6 Para. 1 S. 1 lit.f. GDPR).

        Commercial and business services

        We process data from our contractual and business partners, e.g. customers and interested parties (collectively referred to as "contractual partners") in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries respond.

        We process this data to fulfill our contractual obligations, to secure our rights and for the purposes of the administrative tasks associated with this information as well as the business organization. We only pass on the data of the contractual partners to third parties within the framework of applicable law to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations or with the consent of the contractual partners (e.g. to telecommunications, transport and other auxiliary services and subcontractors involved , Banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.

        We inform the contractual partners before or as part of the data collection, e.g. in online forms, by special labeling (e.g. colors) or symbols (e.g. asterisks or similar), or personally, which data are required for the aforementioned purposes.

        We delete the data after the expiry of statutory warranty and comparable obligations, i.e. basically after 4 years, unless the data is stored in a customer account, e.g. as long as it has to be kept for archiving reasons for legal reasons (e.g. for Tax purposes usually 10 years). We delete data disclosed to us by the contractual partner in the context of an order in accordance with the specifications of the order, generally after the end of the order.

        Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.

        Customer account: Contractual partners can create an account within our online offer (e.g. customer or user account, "customer account" for short). If it is necessary to register a customer account, contractual partners will be informed of this as well as the information required for registration. The customer accounts are not public and cannot be indexed by search engines. As part of the registration as well as subsequent logins and uses of the customer account, we save the IP addresses of the customers along with the access times in order to be able to prove the registration and prevent any misuse of the customer account.

        If customers have terminated their customer account, the data relating to the customer account will be deleted, subject to their retention being required for legal reasons. It is the customer's responsibility to secure their data if the customer account is terminated.

        Economic analysis and market research: For business reasons and in order to be able to recognize market trends, wishes of the contractual partners and users, we analyze the data available to us on business transactions, contracts, inquiries, etc., whereby contractual partners, interested parties, customers, visitors and users of ours are included in the group of persons concerned Online offers can fall.

        The analyzes are carried out for the purpose of business evaluations, marketing and market research (e.g. to determine customer groups with different characteristics). In doing so, we can, if available, take into account the profiles of registered users including their details, e.g. on services used. The analyzes serve us alone and are not disclosed externally, unless they are anonymous analyzes with summarized, i.e. anonymized, values. Furthermore, we take the privacy of users into account and process the data for analysis purposes as pseudonymously and, if possible, anonymously (e.g. as summarized data).

        Shop and e-commerce: We process the data of our customers in order to enable them to select, purchase or order the selected products, goods and related services, as well as their payment and delivery or execution.

        The information required is marked as such in the context of the order or comparable purchase process and includes the information required for delivery or provision and billing as well as contact information in order to be able to hold any consultation.

        • Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact details (e.g. e-mail, telephone numbers), contract data (e.g. subject matter of the contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times) , Meta / communication data (e.g. device information, IP addresses).

        • Affected people: Interested parties, business and contractual partners, customers.

        • Purposes of processing: Contractual services and services, contact inquiries and communication, office and organizational procedures, administration and answering of inquiries, security measures, visit action evaluation, interest-based and behavior-related marketing, profiling (creation of user profiles).

        • Legal basis: Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b GDPR), legal obligation (Art. 6 Para. 1 S. 1 lit. . 1 lit.f. GDPR).

        Use of online marketplaces for e-commerce

        We offer our services on online platforms operated by other service providers. In this context, in addition to our data protection notices, the data protection notices of the respective platforms apply. This applies in particular to the methods used on the platforms for range measurement and interest-based marketing.

        • Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact details (e.g. e-mail, telephone numbers), contract data (e.g. subject matter of the contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times) , Meta / communication data (e.g. device information, IP addresses).

        • Affected people: Customers.

        • Purposes of processing: Contractual services and services.

        • Legal basis: Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

        Used services and service providers:

        Payment service provider

        In the context of contractual and other legal relationships, due to legal obligations or otherwise based on our legitimate interests, we offer the persons concerned efficient and secure payment options and use other payment service providers in addition to banks and credit institutions (collectively "payment service providers").

        The data processed by the payment service provider includes inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, sum 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. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. The data may be transmitted to credit agencies by the payment service provider. The purpose of this transmission is to check your identity and creditworthiness. For this purpose, we refer to the terms and conditions and the 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 called up within the respective websites or transaction applications. We also refer to these for the purpose of further information and assertion of rights of revocation, information and other data subjects.

        • Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contract data (e.g. subject matter of the contract, term, customer category), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information , IP addresses).

        • Affected people: Customers, prospects.

        • Purposes of processing: Contractual services and services.

        • Legal basis: Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

        Used services and service providers:

        Provision of the online offer and web hosting

        In order to be able to provide our online offer safely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we can use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.

        The data processed as part of the provision of the hosting offer can include all information relating to the users of our online offer that is generated in the context of use and communication. This regularly includes the IP address, which is necessary in order to be able to deliver the content of online offers to browsers, and all entries made within our online offer or from websites.

        Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files can include the address and name of the websites and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP Addresses and the requesting provider belong.

        The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the server (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure the load on the server and its stability.

        • Processed data types: 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).

        • Affected people: Users (e.g. website visitors, users of online services).

        • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

        Deletion of data

        The data processed by us will be deleted in accordance with the legal requirements as soon as the consents allowed for processing are revoked or other permissions are no longer applicable (e.g. if the purpose of processing this data is no longer applicable or is not required for the purpose).

        If the data is not deleted because it is required for other and legally permissible purposes, its processing will be limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax law reasons, or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

        Further information on the deletion of personal data can also be found in the individual data protection information of this data protection declaration.

          Change and update of the data protection declaration

          We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

          Rights of data subjects

          As a data subject, you have various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 GDPR:

          • Right of objection: You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data, which is based on Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. If the personal data relating to you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.
          • Right to withdraw consent: You have the right to withdraw your consent at any time.
          • Right of providing information: 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 the legal requirements.
          • Right to rectification: In accordance with the legal requirements, you have the right to request the completion of the data relating to you or the correction of incorrect data relating to you.
          • Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to request that the data relating to you be deleted immediately or, alternatively, to request a restriction on the processing of the data in accordance with the legal requirements.
          • Right to data portability: You have the right to receive data relating to you that you have provided to us in accordance with the legal requirements in a structured, common and machine-readable format or to request that it be transmitted to another person responsible.
          • Complaint to the supervisory authority: You also have the right, in accordance with the legal requirements, to contact a supervisory authority, in particular in the member state of your habitual residence, your place of work or the place of the alleged violation, if you are of the opinion that the processing of your personal data violates the GDPR .

          Definitions of terms

          This section gives you an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and primarily defined in Art. 4 GDPR. The legal definitions are binding. In contrast, the following explanations are primarily intended to aid understanding. The terms are sorted alphabetically.

          • Visit action evaluation: "Visit action evaluation" (English "Conversion Tracking") describes a procedure with which the effectiveness of marketing measures can be determined. For this purpose, a cookie is usually stored on the users' devices within the websites on which the marketing measures are carried out and then retrieved again on the target website. For example, we can see whether the advertisements we placed on other websites were successful).
          • Interest-based and behavioral marketing: One speaks of interest-based and / or behavior-based marketing when potential interests of users in advertisements and other content are predetermined as precisely as possible. This is done on the basis of information about their previous behavior (e.g. visiting certain websites and lingering on them, buying behavior or interaction with other users), which are stored in a so-called profile. Cookies are usually used for these purposes.
          • Personal data: "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.
          • Profiling: "Profiling" is any type of automated processing of personal data that consists of using this personal data to identify certain personal aspects that relate to a natural person (depending on the type of profiling, this includes information on age, to analyze, evaluate or predict the gender, location data and movement data, interaction with websites and their content, shopping behavior, social interactions with other people (e.g. the interests in certain content or products, the click behavior on a website or the whereabouts Cookies and web beacons are often used for profiling purposes.
          • Responsible: "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.
          • Processing: "Processing" is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data, be it the collection, the evaluation, the storage, the transmission or the deletion.

           

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