RELEASE 12.05.2018

I.

§ 1 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 is all data that can be related to you personally, e.g. name, address, e-mail addresses, user behaviour.

(2) The person responsible pursuant to Art. 4 Para. 7 EU Data Protection Basic Regulation (DS-GVO) is Smake IT GmbH i.G., Erinstrasse 28, 44575 Castrop-Rauxel, info@smake.com, telephone: +49 (0) 2305 947880 (see our imprint). We have appointed a data protection officer. You can reach our data protection officer at Attorney Nicole Hencinski, Specialist Attorney for IT Law, IT-IP-Legal® RechtsanwaltsPartGmbH, Mittelstraße 12-14, 50672 Cologne, Germany, e-mail: kanzlei@it-ip-legal.de or our postal address with the addition “the data protection officer”.

(3) 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. We will delete the data that arises in this context after it is no longer required to be stored, or restrict processing if there are legal storage obligations.

(4) If we wish to use contracted service providers for individual functions of our offer or use your data for advertising purposes, we will inform you below in detail about the respective processes. We will also specify the criteria for the storage period.

§ 2 YOUR RIGHTS

(1) You have the following rights against us with regard to the personal data concerning you:

  • Right of access,
  • Right to rectification or deletion,
  • Right to limit the processing,
  • Right to object to the processing,
  • Right to data transferability.

(2) You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us.

§ 3 COLLECTION OF PERSONAL DATA WHEN VISITING OUR WEBSITE

(1) If 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 DS-GVO):

  • IP address
  • Date and time of the request
  • Time zone difference to Greenwich Mean Time (GMT)
  • Contents of the request (concrete page)
  • Access status/HTTP status code
  • amount of data transferred in each case
  • Website from which the request originates
  • browser
  • Operating system and its interface
  • Language and version of the browser software.

(2) 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 (here by us). Cookies cannot execute programs or transmit viruses to your computer. They serve to make the website more user-friendly and effective.

(3) Use of cookies:

a) This website uses the following types of cookies, the scope and function of which are explained below:

  • Transient Cookies (see b)
  • Persistent cookies (see c).

b) 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.

c) 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.

d) You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. We would like to point out that you may not be able to use all the functions of this website.

e) 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.

f) We also use HTML5 storage objects that are stored on your device. These objects store the required data regardless of the browser you are using and do not have an automatic expiration date. You can prevent the use of HTML5 storage objects by using the private mode in your browser. We also recommend that you regularly delete your cookies and browser history manually.

II. USE OF OUR PORTAL

(1) If you wish to use our portal, you must register by entering your e-mail address, a self-chosen password and your freely selectable user name. There is no obligation to use a clear name, a pseudonymous use is possible. For registration, we use the so-called double opt-in procedure, i.e. your registration is not completed until you have confirmed your registration by clicking on the link contained in a confirmation e-mail sent to you for this purpose. If your confirmation is not received within 72 hours, your registration will automatically be deleted from our database. It is obligatory to provide the aforementioned data; you can provide all further information voluntarily by using our portal.

(2) If you use our portal, we will store your data required for the fulfilment of the contract, including details of the method of payment, until you finally delete your access. Furthermore, we store the voluntary data provided by you for the duration of your use of the portal, unless you delete it beforehand. You can manage and change all data in the protected customer area. The legal basis is Art. 6 Para. 1 S. 1 lit. f DS-GVO.

(3) If you use the portal, your data may become accessible to other participants of the portal in accordance with the contractual service. Non-registered members do not receive any information about you. Your user name is visible to all registered members, regardless of whether or not you have released it. On the other hand, your entire profile with the data you have released is visible to all members who have confirmed you as a personal contact. If you make content accessible to your personal contacts that you do not send via a private message, this content can be viewed by third parties, provided that your personal contact has given permission. As far as you post contributions in public groups, these are visible for all registered members of the portal.

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

III. NEWSLETTER

(1) With your consent, you can subscribe to our newsletter, with which we inform you about our current interesting offers. The advertised goods and services are listed in the declaration of consent.

(2) We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration we will send you an e-mail to the specified e-mail address in which we will ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within [24 hours], your information will be blocked and automatically deleted after one month. In addition, we store the IP addresses you use and the dates of registration and confirmation. The purpose of the procedure is to prove your registration and, if necessary, to clarify any possible misuse of your personal data.

(3) Your e-mail address is the only mandatory information for sending the newsletter. After your confirmation, we will save your e-mail address for the purpose of sending you the newsletter. The legal basis is Art. 6 Para. 1 S. 1 lit. a DS-GVO.

(4) CleverReach

This website uses CleverReach to send newsletters. The provider is CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede. CleverReach is a service with which the newsletter dispatch can be organized and analyzed. The data you enter for the purpose of receiving the newsletter (e.g. e-mail address) is stored on the CleverReach servers in Germany and Ireland. Our newsletters sent with CleverReach enable us to analyse the behaviour of newsletter recipients. Among other things, it can be analyzed how many recipients have opened the newsletter message and how often which link was clicked in the newsletter. With the help of so-called conversion tracking, it can also be analysed whether a predefined action (e.g. purchase of a product on our website) has taken place after clicking on the link in the newsletter. Further information on data analysis through the CleverReach newsletter can be found at: https://www.cleverreach.com/de/funktionen/reporting-und-tracking/. Data processing is based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time by unsubscribing from the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation. If you do not want an analysis by CleverReach, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. You can also unsubscribe directly on the website. The data you provide us with for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted both from our servers and from CleverReach’s servers after you cancel the newsletter. This does not affect data stored by us for other purposes (e.g. e-mail addresses for the member area). For further details, please refer to CleverReach’s data protection regulations at: https://www.cleverreach.com/de/datenschutz/. We have concluded a contract with CleverReach for the processing of order data and fully implement the strict requirements of the German data protection authorities when using CleverReach.

IV. USE OF GOOGLE

(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 Google data.

(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 can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and Google from processing this data by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de

(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 is Art. 6 para. 1 sentence 1 lit. a DS-GVO.

(6) Information from the third-party provider:
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
Overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html
and the privacy policy: 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”.]

V. USE OF YOU TUBE VIDEOS

(1) We have included YouTube videos in our online offering which are stored at http://www.YouTube.com and can be played directly from our website.

(2) By visiting the website, YouTube receives the information that you have accessed the corresponding subpage of our website. In addition, the data specified under § 3 of this declaration will be transmitted. This takes place regardless of whether YouTube 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 wish your profile to be associated with YouTube, you must log out before activating the button. YouTube stores your data as user profiles and uses them for advertising, market research and/or the design of its website to meet your needs. 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, whereby you must contact YouTube to exercise this right.

(3) Further information on the purpose and scope of data collection and processing by YouTube can be found in the Privacy Policy. There you will also find further information on your rights and setting options to protect your privacy: https://www.google.de/intl/de/policies/privacy.

Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.