1) Introduction and contact details of the person responsible
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we will inform you about how we handle your personal data when you use our website. Personal data is all data with which you can be personally identified.
1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Steffen Büchter, Blue Momentum UG (limited liability), Moritzstr. 14, 42117 Wuppertal, Germany, Tel.: 015120201576, E-Mail: hello@seller-compliance.com. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.
2) Data collection when visiting our website
2.1 If you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to the site server (so-called “server log files”). When you access our website, we collect the following data, which is technically necessary for us to display the website to you:
– The website we visited
– Date and time of access
– Amount of data sent in bytes
– Source/reference from which you accessed the site
– Browser used
– Operating system used
– IP address used (if applicable: in anonymized form)
The processing takes place in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are concrete indications of illegal use.
2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the character string “https://” and the lock symbol in your browser line.
3) Cookies
In order to make visiting our website more attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your device. Some of these cookies are automatically deleted after closing the browser (so-called “session cookies”), while others remain on your device for longer and enable page settings to be saved (so-called “persistent cookies”). In the latter case, you can find out the storage period from the overview of your web browser’s cookie settings.
If individual cookies we use also process personal data, the processing takes place in accordance with Art. 6 Para. 1 lit. b GDPR either to execute the contract, in accordance with Art. 6 Para. 1 lit. a GDPR in the event of consent being granted, or in accordance with Art. 6 Para. 1 lit. f GDPR to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or to exclude the acceptance of cookies in certain cases or in general.
Please note that if you do not accept cookies, the functionality of our website may be limited.
4) Contacting us
4.1 Calendly
We use the services of the following provider to provide an online appointment booking function: Calendly, LLC, BB&T Tower, 271 17th St NW, Atlanta, GA 30363, USA
For the purpose of making appointments, first and last names as well as email addresses (and if necessary the telephone number, if a telephone appointment is desired) are collected in accordance with Art. 6 Para. 1 lit. b GDPR and transmitted to the provider in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of our legitimate interest in effective customer management and efficient appointment management and stored there for appointment organization.
After the appointment has been held or after the agreed appointment period has expired, your data will be deleted by the provider.
We have concluded a data processing agreement with the provider that ensures the protection of the data of our site visitors and prohibits unauthorized disclosure to third parties.
For the transfer of data to the USA, the provider relies on standard contractual clauses of the European Commission, which are intended to ensure compliance with the European data protection level.
4.2 Google Calendar
We use the services of the following provider to provide an online appointment booking function: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
Data can also be transferred to: Google LLC, USA
For the purpose of making appointments, first and last names and email addresses (and if necessary the telephone number, if a telephone appointment is desired) are collected in accordance with Art. 6 Para. 1 lit. b GDPR and transmitted to the provider in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of our legitimate interest in effective customer management and efficient appointment management and stored there for appointment organization.
After the appointment has been held or after the agreed appointment period has expired, your data will be deleted by the provider.
We have concluded a data processing agreement with the provider that ensures the protection of our site visitors’ data and prohibits unauthorized disclosure to third parties.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level on the basis of an adequacy decision of the European Commission.
4.3 WhatsApp Business
We offer visitors to our website the opportunity to contact us via the WhatsApp messaging service of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For this purpose, we use the so-called “business version” of WhatsApp.
If you contact us via WhatsApp in connection with a specific transaction (for example, an order you have placed), we will save and use the mobile phone number you use with WhatsApp and – if provided – your first and last name in accordance with Art. 6 Para. 1 lit. b. GDPR to process and answer your request. On the basis of the same legal basis, we may ask you via WhatsApp to provide further data (order number, customer number, address or email address) in order to be able to assign your request to a specific process.
If you use our WhatsApp contact for general inquiries (e.g. about the range of services, availability or our website), we will save and use the mobile phone number you use on WhatsApp and – if provided – your first and last name in accordance with Art. 6 Para. 1 lit. f GDPR based on our legitimate interest in the efficient and timely provision of the information you require.
Your data will only ever be used to answer your request via WhatsApp. It will not be passed on to third parties.
Please note that WhatsApp Business receives access to the address book of the mobile device we use for this purpose and automatically transfers telephone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA. To operate our WhatsApp Business account, we use a mobile device in whose address book only the WhatsApp contact details of those users who have contacted us via WhatsApp are stored.
This ensures that every person whose WhatsApp contact details are stored in our address book has already consented to the transmission of their WhatsApp telephone number from the address books of their chat contacts in accordance with Art. 6 Paragraph 1 Letter a of GDPR when using the app for the first time on their device by accepting the WhatsApp terms of use. The transmission of data from users who do not use WhatsApp and/or have not contacted us via WhatsApp is therefore excluded.
The purpose and scope of data collection and the further processing and use of the data by WhatsApp as well as your related rights and setting options to protect your privacy can be found in WhatsApp’s data protection information://www.whatsapp.com/legal/?eea=1#privacy-policy
As part of the processing mentioned above, data may be transferred to Meta Platforms Inc. servers in the USA.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level on the basis of an adequacy decision of the European Commission.
4.4 When you contact us (e.g. via contact form or email), personal data is collected. The data collected when you use a contact form can be seen in the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration.
The legal basis for processing this data is our legitimate interest in answering your request in accordance with Art. 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been processed. This is the case if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention periods to the contrary.
5) Use of customer data for direct advertising
5.1 Registration for our email newsletter
If you register for our email newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your email address. Providing further data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure to send the newsletter. This means that we will only send you an email newsletter if you have expressly confirmed to us that you consent to receiving the newsletter. We will then send you a confirmation email asking you to confirm that you wish to receive the newsletter in the future by clicking on a corresponding link.
By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 Para. 1 lit. a GDPR. When you register for the newsletter, we save your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your email address at a later date. The data we collect when you register for the newsletter is used exclusively for the purposes of advertising in the newsletter. You can unsubscribe from the newsletter at any time using the link provided for this purpose in the newsletter or by sending a corresponding message to the person responsible named above. After unsubscribing, your email address will be immediately deleted from our newsletter distribution list unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we inform you in this declaration.
5.2 Sending the email newsletter to existing customers
If you have provided us with your email address when purchasing goods or services, we reserve the right to regularly send you offers for similar goods or services from our range, as those you have already purchased, by email. In accordance with Section 7 Paragraph 3 of the Unfair Competition Act, we do not need to obtain your separate consent for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising in accordance with Art. 6 Paragraph 1 Letter f of GDPR. If you have initially objected to the use of your email address for this purpose, we will not send you emails.
You are entitled to object to the use of your email address for the aforementioned advertising purpose at any time with effect for the future by notifying the person responsible named at the beginning. You will only incur transmission costs according to the basic rates. Once your objection has been received, the use of your email address for advertising purposes will be stopped immediately.
5.3 HubSpot
Our email newsletters are sent via this provider: HubSpot Ireland Ltd., 2nd Floor 30 North Wall Quay, Dublin 1, Ireland
Based on our legitimate interest in effective and user-friendly newsletter marketing, we pass on the data you provided when registering for the newsletter to this provider in accordance with Art. 6 Para. 1 lit. f GDPR so that they can send the newsletter on our behalf.
Subject to your express consent in accordance with Art. 6 Para. 1 lit. a GDPR, the provider also carries out a statistical evaluation of the success of newsletter campaigns using web beacons or tracking pixels in the emails sent, which can measure opening rates and specific interactions with the content of the newsletter. Device information (e.g. time of access, IP address, browser type and operating system) is also collected and evaluated, but not merged with other data sets.
You can revoke your consent to newsletter tracking at any time with effect for the future.
We have concluded a data processing agreement with the provider that protects the data of our site visitors and prohibits the transfer to third parties.
6) Page functionalities
6.1 Trusted Shops Trustbadge
Graphic elements from the following provider are integrated into our website to display external customer reviews and/or an externally awarded quality mark: Trusted Shops AG, Subbelrather Str. 15C, 50823 Cologne, Germany
If you access a page on our website that contains such graphic elements, your browser establishes a direct connection to the provider’s servers in order to load the elements correctly. Certain browser information, including your IP address, is transmitted to the provider.
If personal data is also processed in the process, this is done in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of our legitimate interest in the optimal marketing of our offer and the attractive design of our website.
6.2 Google Meet
We use this provider to conduct online meetings, video conferences and/or webinars: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
This may also result in data being transmitted to Google LLC’s servers in the USA.
The provider processes different data, whereby the scope of the data processed depends on which data you provide before or during participation in an online meeting, video conference or webinar. Your data as a communication participant is processed and stored on the provider’s servers. This can in particular be your registration data (name, email address, telephone number (optional) and password) and session data (topic, participant IP address, device information, description (optional)).
In addition, image and sound contributions from participants as well as voice input in chats can be processed.
Art. 6 (1) (b) GDPR serves as the legal basis for the processing of personal data that is necessary for the performance of a contract with you (this also applies to processing operations that are necessary for the implementation of pre-contractual measures). If you have given us your consent to process your data, the processing will be carried out on the basis of Art. 6 (1) (a) GDPR. You can revoke your consent at any time with effect for the future.
Furthermore, the legal basis for data processing when conducting online meetings, video conferences or webinars is our legitimate interest in the effective implementation of the online meeting, webinar or video conference in accordance with Art. 6 (1) (f) GDPR.
We have concluded a data processing agreement with the provider that ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level on the basis of an adequacy decision of the European Commission.
7) Tools and other
Cookie consent tool
This website uses a so-called “cookie consent tool” to obtain effective user consent for cookies and cookie-based applications that require consent. The “cookie consent tool” is displayed to users when they visit the page in the form of an interactive user interface on which consent for certain cookies and/or cookie-based applications can be given by ticking boxes. By using the tool, all cookies/services that require consent are only loaded if the respective user gives their consent by ticking the corresponding box. This ensures that such cookies are only placed on the user’s respective device if consent has been given.
The tool sets technically necessary cookies to save your cookie preferences. Personal user data is generally not processed.
If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.
Another legal basis for the processing is Art. 6 (1) (c) GDPR. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
Where necessary, we have concluded a data processing agreement with the provider that ensures the protection of the data of our site visitors and prohibits unauthorized disclosure to third parties. Further information about the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.
8) Rights of the data subject
8.1 The applicable data protection law grants you the following data subject rights (rights to information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the legal basis stated for the respective conditions for exercising them:
– Right to information in accordance with Art. 15 GDPR;
– Right to rectification in accordance with Art. 16 GDPR;
– Right to erasure in accordance with Art. 17 GDPR;
– Right to restriction of processing in accordance with Art. 18 GDPR;
– Right to information in accordance with Art. 19 GDPR;
– Right to data portability in accordance with Art. 20 GDPR;
– Right to withdraw consent granted in accordance with Art. 7 Para. 3 GDPR;
– Right to lodge a complaint in accordance with Art. 77 GDPR.
8.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA IN QUESTION. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US IN ORDER TO CARRY OUT DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
9) Duration of storage of personal data
The duration of storage of personal data is determined by the respective legal basis, the purpose of processing and – if applicable – also by the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of an express consent in accordance with Art. 6 Para. 1 lit. a GDPR, the data concerned will be stored until you revoke your consent.
If statutory retention periods exist for data that is processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 Para. 1 lit. b GDPR, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in continuing to store it.
When processing personal data on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (2) GDPR.
Unless the other information in this declaration on specific processing situations indicates otherwise, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
