Privacy policy
Status: 23.09.2019
This data protection declaration informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as “online offer”). With regard to the terms used, such as “personal data” or their “processing”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible
Deep Care GmbH
Im Sämann 71
71334 Waiblingen
Germany
Phone: +49 176 24496233
E-mail: info@deep-care.de
Represented by:
Dr. Milad Geravand
Registry entry:
Registered in the Commercial Register.
Registry Court: Amtsgericht 70190 Stuttgart
Registration number: HRB 769943
Types of data processed
- Inventory data (e.g. names, addresses)
- Contact details (e.g. e-mail, telephone numbers)
- Content data (e.g. text input, photographs, videos)
- Contract data (e.g. subject of contract, term, customer category)
- Payment data (e.g. bank details, payment history)
- Usage data (e.g. web pages visited, interest in content, access times)
- Meta/communication data (e.g. device information, IP addresses)
Processing of special categories of data (Art. 9 (1) DSGVO)
As a matter of principle, no special categories of data are processed unless they are supplied for processing by the users, e.g. entered in online forms.
Categories of persons concerned by the processing
Customers, interested parties, suppliers, visitors and users of the online offer
In the following, we also refer to the persons concerned collectively as “users”.
Purpose of processing
- Provision of the online offer, its contents and functions
- Provision of contractual services, service and customer care
- Responding to contact requests and communicating with users
- Marketing, advertising and market research
- Security measures
01 Relevant legal bases
In accordance with Art. 13 DSGVO, we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 DSGVO, the legal basis for processing for the performance of our services and implementation of contractual measures and responding to requests is Art. 6(1)(b) DSGVO, the legal basis for processing for the performance of our legal obligations is Art. 6(1)(c) DSGVO, and the legal basis for processing for the protection of our legitimate interests is Art. 6(1)(f) DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis.
02. Changes and updates to the privacy policy
We ask you to regularly inform yourself about the content of our privacy policy. We adapt the data protection declaration as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
03. Security measures
03.1
In accordance with Article 32 of the GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access concerning them, input, disclosure, ensuring availability and their separation. Furthermore, we have established procedures to ensure the exercise of data subjects’ rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Article 25 of the GDPR).
03.2
The security measures include, in particular, the encrypted transmission of data between your browser and our server.
04. Cooperation with processors and third parties
04.1
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission, you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
04.2
If we commission third parties with the processing of data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 DSGVO.
05. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection that corresponds to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
06. Rights of affected persons
06.1
You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 DSGVO.
06.2
You have according to. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
06.3
In accordance with Article 17 of the GDPR, you have the right to demand that the data in question be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the GDPR.
06.4
You have the right to request to receive the data concerning you that you have provided to us in accordance with Article 20 of the GDPR and to request its transfer to other data controllers.
06.5
You also have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.
07. Right of withdrawal
You have the right to revoke given consents according to Art. 7 para. 3 DSGVO with effect for the future.
08. Right of objection
You may object to the future processing of data relating to you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against the processing for purposes of direct marketing.
09. Cookies and right to object to direct advertising
Cookie settings
09.1
We use temporary and permanent cookies (non-essential cookies, however, only if you have actively consented to this by selecting them), i.e. small files that are stored on the user’s devices (for an explanation of the term and function, see the last section of this privacy policy). In part, the cookies serve security purposes or are necessary for the operation of our online offer (e.g., for the display of the website) or to store the user decision when confirming the cookie banner. In addition, we or our technology partners use cookies for range measurement and marketing purposes, about which users are informed in the course of the privacy policy.
09.2
A general objection to the use of cookies for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that in this case not all functions of this online offer can be used.
10. Data deletion
10.1
The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
10.2
According to legal requirements, the storage takes place in particular for 6 years according to § 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) as well as for 10 years according to § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
11. Provision of contractual services
11.1
We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. DSGVO. The entries marked as mandatory in online forms are required for the conclusion of the contract.
11.2
Users can optionally create a user account, in which they can view their orders in particular. As part of the registration process, users are provided with the required mandatory information. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c DSGVO. It is the responsibility of the users to save their data in the event of termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
11.3
Within the scope of registration and renewed logins as well as use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c DSGVO.
11.4
We process usage data (e.g., the web pages visited on our website, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile, e.g., to display product information to users based on the services they have used to date.
11.5
The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account remains until its deletion.
12. Booking and questionnaire website
12.1
When a user (en employee of our customer) wants to book a ISA device for the contracted period of time, we ask the user to fill up required information in a booking portal, the data requested is following: user email, desired start date of usage, desired ISA color, delivery address including recipient name.
12.2
This data will be stored and used only to schedule and send ISA to the user, as well as to communicate with the user via email. We will share the delivery address with our logistic partner DHL in order to produce a shipping and return label.
12.3
At the end of the ISA usage, we will send an email to the user to fill up an anonymous questionnaire.
12.4
The user can request changes or deletion of his data via the contact email provided to him
13. Contact
13.1
When contacting us (via contact form or e-mail), the user’s details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b) DSGVO.
13.2
User information may be stored in our Customer Relationship Management System (“CRM System”) or comparable inquiry organization.
13.3
We delete the inquiries if they are no longer necessary. We review the necessity every two years; we store inquiries from customers who have a customer account permanently and refer to the information on the customer account for deletion. In the case of legal archiving obligations, deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).
14. Comments and contributions
14.1
When users leave comments or other contributions, their IP addresses are stored on the basis of our legitimate interests within the meaning of Art. 6 (1) lit. f. DSGVO are stored for 7 days.
14.2
This is done for our security, in case someone leaves illegal content in comments and posts (insults, forbidden political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or post and are therefore interested in the identity of the author.
15. Collection of access data and log files
15.1
We collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO, we collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
15.2
Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident.
16. Online presence in social media
16.1
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply. 15.2 Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
16.2
Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
17. Cookies & Reach Measurement
17.1
Cookies are pieces of information that are transmitted from our web server or third-party web servers to users’ web browsers, where they are stored for later retrieval. Cookies may be small files or other types of information storage.
17.2
We use “session cookies”, which are only stored for the duration of the current visit to our online presence (e.g. to enable the storage of your login status or the shopping cart function and thus the use of our online offer at all). In a session cookie, a randomly generated unique identification number is stored, a so-called session ID. In addition, a cookie contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online offer and log out or close the browser, for example.
17.3
Users are informed about the use of cookies in the context of pseudonymous reach measurement as part of this privacy policy.
17.4
If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
17.5
You can object to the use of cookies used for reach measurement and advertising purposes via the Network Advertising Initiative opt-out page (http://optout.networkadvertising.org/) and, additionally, the U.S. website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
18. Integration of third-party services and content
18.1
Within our online offer, we use content or service offers of third party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) to integrate content or services offered by third-party providers, such as videos or fonts (hereinafter uniformly referred to as “content”). This always requires that the third-party providers of this content are aware of the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is thus required for the display of this content. We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as be linked to such information from other sources.
18.2
The following presentation provides an overview of third-party providers and their content, along with links to their privacy statements, which contain further information on the processing of data and, in part already mentioned here, opt-out options:
PayPal: If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and privacy notices of the respective third-party providers apply, which are available within the respective websites, or transaction applications.
Google Fonts: External fonts from Google, LLC., https://www.google.com/fonts (“Google Fonts”). The integration of Google Fonts is done by a server call at Google (usually in the USA). Privacy policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
Tidio Live Chat: This website uses technology provided by Tidio Ltd. 220C Blythe Road, W14 0HH, London, United Kingdom (www.tidiochat.com) to collect and store anonymized data for web analytics purposes and to operate the live chat system for responding to live support requests. Usage profiles can be created from this anonymized data under a pseudonym. Cookies can be used for this purpose. Cookies are small text files that are stored locally in the cache of the site visitor’s Internet browser. The cookies allow the recognition of the Internet browser. The data collected with the TidioChat technologies will not be used to personally identify the visitor of this website without the separately granted consent of the person concerned and will not be merged with personal data about the bearer of the pseudonym. To avoid the storage of TidioChat cookies, you can set your Internet browser so that in the future no cookies can be stored on your computer or already stored cookies are deleted. However, switching off all cookies may mean that some functions on our Internet pages can no longer be executed. You can object to the collection and storage of data for the purpose of creating a pseudonymized user profile at any time with future effect by sending us your objection informally by e-mail to the e-mail address given in the imprint. Privacy policy: https://www.tidiochat.com/en/privacy-policy