Privacy statement

Name and contact of the person responsible pursuant to Article 4 (7) DSGVO

PROFINESS GmbH
Michael Schreiber
Address: Broicher Waldweg 42, 45478 Mülheim a.d. Ruhr
Phone: +49 (0) 208 309 61 90
Fax: +49 (0) 208 309 61 909
Email: info(at)profiness.de


Security and protection of your personal data
We consider it our primary task to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. We therefore apply the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European Basic Data Protection Regulation (DSGVO) and the provisions of the Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.

Definitions
The legislator requires that personal data be processed lawfully, in good faith and in a manner understandable to the data subject ("lawfulness, fairness, transparency"). To ensure this, we inform you of the individual legal definitions that are also used in this Privacy Policy:

  1. Personal data
    "Personal data' means any information relating to an identified or identifiable natural person (hereinafter referred to as 'data subject'); a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or one or more specific characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person, is regarded as identifiable.
  2. Processing
    "Processing' means any operation or set of operations which is carried out in relation to personal data, whether or not by automatic means, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
  3. Restriction of processing
    "Limitation of processing' means the marking of stored personal data with the aim of limiting their future processing.
  4. Profiling
    "Profiling" means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.
  5. Pseudonymisation
    "Pseudonymisation' means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data cannot be attributed to an identified or identifiable natural person.
  6. File system
    "File system" means any structured collection of personal data accessible according to specific criteria, whether centralised, decentralised or organised on a functional or geographical basis.
  7. Person in charge
    "Person in charge" means a natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data; where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or the specific criteria for his designation may be laid down by Union law or by the law of the Member States.
  8. Processor
    "Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
  9. Recipient
    "Recipient" means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients and the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules and in accordance with the purposes of the processing.
  10. Third party
    "Third party" means a natural or legal person, public authority, agency or any other body, other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
  11. Consent
    The data subject's 'consent' shall mean any voluntary, informed and unambiguous expression of his or her will in the particular case, in the form of a statement or other unambiguous affirmative act, by which the data subject indicates his or her consent to the processing of his or her personal data.

Lawfulness of the processing
The processing of personal data is only lawful if there is a legal basis for the processing. According to Article 6 (1) lit. a - f DSGVO, the legal basis for the processing can in particular be:

  1. the data subject has given his consent to the processing of his personal data for one or more specific purposes;
  2. 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 taken at the request of the data subject;
  3. the processing is necessary to fulfil a legal obligation to which the controller is subject;
  4. the processing is necessary to protect the vital interests of the data subject or of another natural person;
  5. processing 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;
  6. processing is necessary to safeguard the legitimate interests of the controller or of a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, prevail, in particular where the data subject is a child.

Information on the collection of personal data
(1) In the following we inform you about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behaviour. 
(2) When you contact us by e-mail or via a contact form, the data you provide (your e-mail address, possibly your name and telephone number) will be stored by us in order to answer your questions. The data collected in this context will be deleted after storage is no longer necessary, or processing will be restricted if there are legal storage obligations.

 
Collection of personal data when you visit our websiteIf you only use the website for information purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Art. 6 Para. 1 S. 1 lit. f DSGVO):

  • IP address
  • Date and time of the request
  • Time zone difference to Greenwich Mean Time (GMT)
  • Content of the request (specific page)
  • Access status/HTTP status code
  • The amount of data transferred to each website from which the request originates
  • Browser operating system and its interface
  • Language and version of the browser software.

Use of cookies

(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive assigned to the browser you are using and through which certain information flows to the location that sets the cookie. Cookies cannot execute programs or transmit viruses to your computer. They serve to make the website more user-friendly and effective.

(2) This website uses the following types of cookies, the scope and functionality of which are explained below:

  • Transient Cookies (in addition a.)
  • Persistent Cookies (in addition b.)..
  1. Transient cookies are automatically deleted when you close your browser. These include in particular session cookies. They store a so-called session ID, which can be used to assign various requests from your browser to the shared session. This enables your computer to be recognised when you return to our website. The session cookies are deleted when you log out or close your browser.
  2. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.
  3. You can configure your browser settings according to your requirements and
  4. f. e., refuse to accept third party cookies or any cookies. So-called "Third Party Cookies" are cookies that have been set by a third party, therefore not by the actual website you are currently on. Please be aware that if you disable cookies you may not be able to use the full functionality of this website.
  5. We use cookies to identify you for subsequent visits if you have an account with us. Otherwise, you will have to log in again for each visit.
  6. The Flash cookies used are not captured by your browser, but by your Flash plug-in. We also use HTML5 storage objects, which are stored on your end device. These objects store the required data regardless of the browser you are using and do not have an automatic expiration date. If you do not wish the Flash cookies to be processed, you must install an appropriate add-on, e.g. "Better Privacy" for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer cookie for Google Chrome. You can prevent the use of HTML5 storage objects by using private mode in your browser. We also recommend that you regularly delete your cookies and browser history manually.

Further functions and offers of our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you must generally provide further personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.

(2) To some extent we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.

(3) We may also disclose your personal information to third parties when we offer promotions, sweepstakes, contracts or similar services in conjunction with partners. You can find out more about this when you provide us with your personal data or in the description of the offer below.

(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.

Use of our webshop

(1) If you would like to order in our web shop, it is necessary for the conclusion of the contract that you enter your personal data, which we need for the processing of your order. Mandatory information required for the processing of contracts is marked separately, further information is voluntary. We process the data provided by you in order to process your order. For this purpose we can pass on your payment data to our house bank. The legal basis for this is Art. 6 Para. 1 S. 1 lit. b DSGVO. You can voluntarily create a customer account through which we can store your data for later further purchases. When you create an account under "My Account", the data you provide will be stored revocably. You can always delete all other data, including your user account, in the customer area.

(2) We are obliged by commercial and tax law to store your address, payment and order data for a period of ten years. However, after two years we will restrict the processing, i.e. your data will only be used to comply with legal obligations.

(3) To prevent unauthorized access by third parties to your personal data, in particular financial data, the order process is encrypted using TLS technology.

Data protection rules for the use of external payment service providers

(1) We offer several payment methods for the use of the webshop and make use of different payment service providers. Depending on which payment method you choose, different data will be transmitted to the respective payment service provider. The legal basis for the transmission is Art. 6 Para. 1 S. 1 lit. a DSGVO. The following is a list of our payment service providers.

PayPal
If you choose the payment method PayPal, your personal data will be transmitted to PayPal. The prerequisite for using PayPal is the opening of a PayPal account. When using or opening a PayPal account, your name, address, telephone number and e-mail address must be transmitted to PayPal. Legal basis for the transmission of the data is article 6 paragraph 1 lit. a DSGVO (consent) and article 6 paragraph 1 lit. b DSGVO (processing to fulfill a contract).

The operator of the payment service PayPal is the :

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg
Email: impressum@paypal.com

By using the PayPal payment option, you consent to the transfer of personal data such as name, address, telephone number and e-mail address to PayPal. The further data collected by PayPal can be found in PayPal's privacy policy. This can be found at: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

Children
Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

Rights of the data subject

(1) Revocation of consent
If the processing of personal data is based on a given consent, you have the right to revoke the consent at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of consent until revocation.

You can contact us at any time to exercise your right of revocation.

(2) Right of confirmation
You have the right to request confirmation from the person responsible as to whether we are processing personal data relating to you. You can request confirmation at any time using the above contact details.

(3) Right of information
If personal data are processed, you can request information about these personal data and about the following information at any time:

  1. the processing purposes;
  2. the categories of personal data processed;
  3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  4. if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
  5. the existence of a right to rectify or delete personal data concerning you or to limit the processing by the controller or to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. if the personal data are not collected from the data subject, any available information on the origin of the data;
  8. the existence of automated decision making, including profiling, in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.

Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards in accordance with Article 46 DSGVO in relation to the transfer. We will provide a copy of the personal data subject to the processing. For any further copies you request, we may charge a reasonable fee based on the administrative costs. If you submit the application electronically, the information must be made available in a common electronic format, unless otherwise stated. The right to receive a copy in accordance with paragraph 3 shall not affect the rights and freedoms of any other person.

(4) Right of correction You have the right to demand from us immediately the correction of incorrect personal data concerning you. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.

(5) Right of cancellation ("Right to be forgotten")
You have the right to ask the data controller to delete personal data about you immediately and we are obligated to delete personal data immediately if any of the following reasons apply:

  1. Personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. The data subject shall revoke the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the DS Block Exemption Regulation and there shall be no other legal basis for the processing.
  3. The data subject objects to the processing pursuant to Article 21(1) DSGVO and there are no overriding legitimate reasons for the processing or the data subject objects to the processing pursuant to Article 21(2) DSGVO.
  4. The personal data have been processed unlawfully.
  5. The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
  6. The personal data have been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.

Where the controller has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall take reasonable measures, including technical measures, to inform data controllers processing the personal data that a data subject has requested them to delete all links to or copies or replications of those personal data, taking into account available technology and implementation costs.

The right to cancellation ("right to be forgotten") does not exist insofar as the processing is necessary:

  • on the exercise of freedom of expression and information;
  • to fulfil a legal obligation which processing is subject to under the law of the Union or of the Member States 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;
  • on grounds of public interest in the field of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) of the DSGVO;
  • for archival, scientific or historical research purposes in the public interest or for statistical purposes in accordance with Article 89(1) of the DSGVO, where the law referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the objectives of such processing or
  • to assert, exercise or defend legal claims.

(6) Right to limitation of processing
    You have the right to demand that we restrict the processing of your personal data if one of the following conditions is met:

  1. the accuracy of the personal data is contested by the data subject for a period of time which enables the data controller to verify the accuracy of the personal data,
  2. the processing is unlawful and the data subject refuses to erase the personal data and instead requests the restriction of the use of the personal data;
  3. the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the assertion, exercise or defence of legal rights, or
  4. the data subject has objected to the processing pursuant to Article 21(1) DSGVO until it is established whether the controller's legitimate reasons outweigh those of the data subject.

Where processing has been restricted in accordance with the above conditions, such personal data shall not be processed, except with the consent of the data subject or for the exercise or defence of legal rights or the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State, except where they are stored.

In order to exercise the right to limit the processing, the data subject may contact us at any time using the contact details provided above.


(7) Right to data transferability
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format, and you have the right to transfer such data to another controller without interference from the controller to whom the personal data has been provided, provided that:

  1. the processing is based on a consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) DS Block Exemption Regulation, and
  2. processing is carried out using automated procedures.

When exercising the right to data transfer pursuant to paragraph 1, you have the right to obtain that the personal data be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible. The exercise of the right to data transfer does not affect the right to cancellation ("right to be forgotten"). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right of objection
You have the right to object at any time, for reasons related to your particular situation, to the processing of personal data concerning you carried out pursuant to Article 6(1)(e) or (f) of the DS Block Exemption Regulation, including profiling based on these provisions. The controller will no longer process the personal data unless he can prove compelling legitimate reasons for the processing outweighing the interests, rights and freedoms of the data subject or the processing is for the assertion, exercise or defence of legal claims.

If personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for the purpose of such advertising, including profiling in so far as it is linked to such direct marketing. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

As regards the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by means of automated procedures using technical specifications.

You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1), unless such processing is necessary for the performance of a task in the public interest.

You can exercise your right to object at any time by contacting the person responsible.

(9) Automated decisions on a case-by-case basis, including profiling
You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on 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 the data subject and the person responsible,
  2. is authorised by legislation of the Union or of the Member States to which the person responsible is subject and that legislation contains adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or
  3. with the express consent of the data subject.

The controller shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to have the data subject intervene, to state his or her views and to challenge the decision.

The data subject may exercise this right at any time by contacting the person responsible.

(10) Right to complain to a supervisory authority
They shall also have the right, without prejudice to any other administrative or judicial remedy, to complain to a supervisory authority, in particular in the Member State of their residence, place of work or place of presumed infringement, if the data subject considers that the processing of his personal data is contrary to this Regulation.

(11) Right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right to appeal to a supervisory authority under Article 77 DSGVO, they shall have the right to an effective judicial remedy if they consider that their rights under this Regulation have been infringed as a result of the processing of their personal data not in accordance with this Regulation.

Use of Google Analytics
(1) This website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. However, if IP anonymisation is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA where it will be shortened. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator.

(2) The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google.

(3) You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You may also refuse the collection of personal data by selecting the appropriate settings on your website.

Google and prevent the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

(4) This website uses Google Analytics with the extension "_anonymizeIp()". This shortens the processing of IP addresses, thus excluding the possibility of personal references. If the data collected about you is related to a person, this is excluded immediately and the personal data is deleted immediately.

(5) We use Google Analytics to analyse and regularly improve the use of our website. The statistics obtained allow us to improve our services and make them more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 Para. 1 S. 1 lit. f DSGVO.

(6) Third Party Information: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of Use: http://www.google.com/analytics/terms/de.html, Übersicht zum Datenschutz: http://www.google.com/intl/de/analytics/learn/privacy.html, sowie die Datenschutzerklärung: http://www.google.de/intl/de/policies/privacy.

(7) This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under "My data", "Personal data".


Use of social media plug-ins
(1) We are currently using the following social media plug-ins: Facebook, Google+, LinkedIn. We use the so-called two-click solution. This means that when you visit our site, no personal data is initially passed on to the providers of the plug-ins. You can recognize the provider of the plug-in by the mark on the box above his initial letter or the logo. We offer you the possibility to communicate directly with the provider of the plug-in via the button. Only if you click on the marked field and thereby activate it will the plug-in provider receive the information that you have called up the corresponding website of our online service. In addition, the data mentioned under § 3 of this declaration will be transmitted. In the case of Facebook and Xing, the data will be transmitted according to the respective

Provider in Germany the IP address is anonymized immediately after collection. By activating the plug-in, your personal data will be transmitted to the respective plug-in provider and stored there (for US providers in the USA). Since the plug-in provider collects data in particular via cookies, we recommend that you delete all cookies via your browser's security settings before clicking on the grayed-out box.

(2) We have no influence on the collected data and data processing operations, nor are we aware of the full scope of data collection, the purposes of processing, the storage periods. We also do not have any information on the deletion of the collected data by the plug-in provider.

(3) The plug-in provider stores the data collected about you as user profiles and uses these for the purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (also for users who are not logged in) to display demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. Through the plug-ins, we offer you the opportunity to interact with social networks and other users so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plug-ins is Art. 6 Para. 1 S. 1 lit. f DSGVO.

(4) The data transfer takes place regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in with the plug-in provider, your data collected by us will be directly assigned to your existing account with the plug-in provider. If you press the activated button and, for example, link the page, the plug-in provider also stores this information in your user account and communicates it publicly to your contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, as this allows you to avoid being assigned to your profile by the plug-in provider.

(5) Further information on the purpose and scope of data collection and processing by the plug-in provider can be found in the following data protection declarations of these providers. There you will also find further information on your rights in this regard and setting options to protect your privacy.

(6) Addresses of the respective plug-in providers and URL with their data protection information:

  1. Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; further information on data collection: http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other#applications as well as http://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
  2. Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; https://www.google.com/policies/privacy/partners/?hl=de. Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
  3. LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; http://www.linkedin.com/legal/privacy-policy. LinkedIn has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Integration of Google Maps

(1) On this website we use the services of Google Maps. This enables us to display interactive maps directly on the website and enables you to conveniently use the map function.

(2) By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned under § 3 of this declaration will be transmitted. This takes place regardless of whether Google provides a user account that you are logged in to or whether there is no user account. If you are logged in at Google, your data will be assigned directly to your account. If you do not want your profile to be associated with Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for advertising, market research and / or needs-based design of its website. Such evaluation is carried out in particular (even for users who are not logged in) to provide demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right.

(3) For further information on the purpose and scope of data collection and processing by the plug-in provider, please refer to the provider's privacy policy. There you will also find further information on your rights in this regard and setting options to protect your privacy: www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and is subject to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.