Person in charge:
Company: ViMP GmbH
Address: Agnes-Pockels-Bogen 1 DE-80992 Munich
Register of commerce: HRB 187874; Amtsgericht München
Managing director: Stefan Hoeper
Email address : firstname.lastname@example.org
Data Protection Officer:
Name: Dominik Fünkner, PROLIANCE GmbH
Address: Friedrichstr. 22 DE-80801 Munich
Email address: email@example.com
Date: May 15, 2018
1. Basic information on data processing and legal bases
1.2. Regarding the terms used, such as "personal data" or their "processing", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
1.3. The personal data of users processed within the scope of this online offer include inventory data (e.g. names and addresses of customers), contact data (e.g. e-mail, telephone numbers), contract data (e.g. e-mail address), and other personal data, services used, names of clerks, payment information), usage data (e.g. the pages visited on our website, interest in our products), meta/communication data (device IDs, IP addresses, location data) and content data (e.g. entries in the contact form), as well as applicant data (names, contact data, qualifications, application documents) if applicable.
1.4. The term "user" covers all categories of data subjects. These include our business partners, customers, interested parties and other visitors to our online offering. The terms used, such as "user", are to be understood as gender-neutral.
1.5. We process personal user data only in compliance with the relevant data protection regulations. This means that user data will only be processed, if a legal permission has been obtained. This means, if data processing is necessary for the provision of our contractual services (e.g. processing of orders) and online services, or if online services are required by law, if the user has given his or her consent, as well as if our legitimate interests (i.e. interest in the analysis, optimization and economic operation and security of our online services within the meaning of Art. 6 para. 1 lit. f. GDPR, for range measurement, creation of profiles for advertising and marketing purposes, collection of access data and use of third-party services).
1.6. We point out that the legal basis of the consents is Art. 6 para. 1 lit. a. and Art. 7 GDPR, the legal basis for the processing for the fulfilment of our services and the implementation of contractual measures is Art. 6 para. 1 lit. b. GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c. GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f. GDPR.
2. Security measures
2.1. We take organizational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of data protection laws are observed and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.
2.2. The security measures include the encrypted transmission of data between your browser and our server.
3. Passing on of data to third parties and third providers
3.1. Data will only be passed on to third parties within the framework of legal requirements. We only pass on user data to third parties if, for example, this is necessary for contractual purposes based on Art. 6 para. 1 lit. b) GDPR or based on legitimate interests pursuant to Art. 6 para. 1 lit. f. GDPR on the economic and effective operation of our business operations.
3.2. If we use subcontractors to provide our services, we will take appropriate legal precautions as well as appropriate technical and organizational measures to ensure the protection of personal data in accordance with the relevant statutory provisions.
3.3. If content, tools or other means from other providers (hereinafter jointly referred to as "third party providers") are used in the context of this data protection declaration and their named registered office is in a third country, it is to be assumed that data is transferred to the countries in which the third-party providers have their registered office. Third countries are countries in which the GDPR is not directly applicable law, i.e. in principle countries outside the EU or the European Economic Area. The transfer of data to third countries takes place either, if an appropriate level of data protection, user consent or other legal permission is available.
4. Performance of contractual services
4.1. 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 fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. GDPR.
4.2. Users may optionally create a user account for viewing their orders. During the registration process, the required information will be communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted regarding the user account, conditionally upon its storage is necessary for commercial or tax reasons according to Art. 6 Para. 1 lit. c GDPR. For this, the license agreement with ViMP GmbH must be terminated beforehand, if available. In addition, all components of the loaded software must be irretrievably deleted.
4.3. When registering, re-registering and using our online services, we store the IP address and the time of the respective user action. The data is stored based on our legitimate interests as well as the user's protection against misuse and other unauthorized use. A passing on of this data to third parties does not take place in principle, unless it is necessary for the pursuit of our claims or there is a legal obligation according to Art. 6 Abs. 1 lit. c GDPR.
4.4. We process usage data (e.g. the visited websites of our online offer, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile to show the user e.g. product information based on their previously used services.
5. Establishment of contact
5.1. When contacting us (via contact form or e-mail), the user's details will be processed for processing the contact request and its handling in accordance with Art. 6 Para. 1 lit. b) GDPR.
5.2. User information may be stored in our Customer Relationship Management System ("CRM System") or comparable request organization.
5.3. We use the CRM system "Pipedrive" from Pipedrive Inc, 460 Park Ave South, New York, NY 10016, USA based on our legitimate interests (efficient and fast processing of user inquiries). For this purpose, we have concluded an agreement with Pipedrive with so-called standard contractual clauses in which Pipedrive undertakes to comply with the EU data protection level. The data will be hosted in a data center in Frankfurt, Germany from May 2018. Pipedrive is also certified under the Privacy Shield Agreement and thus offers an additional guarantee to comply with European data protection law. Pipedrive Inc. complies with the EU-U.S. Privacy Shield Framework as defined by the US Department of Commerce with respect to the collection, use and storage of personal data transferred from the European Union to the United States. Pipedrive Inc. has certified compliance with the Privacy Shield Principles to the Ministry of Commerce.
6. Comments and contributions
6.1. If users leave comments or other contributions, their IP addresses will be used based on our legitimate interests within the meaning of Art. 6 para. 1 letter f. GDPR for 7 days.
6.2. This takes place for our safety, if someone leaves illegal contents in comments and contributions (insults, forbidden political propaganda, etc.). In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.
7. Collection of access data and log files
7.1. Based on our legitimate interests within the meaning of Art. 6 para. 1 letter f. GDPR we collect data on each access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, transferred data volume, 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.
7.2. Log file information is stored for a maximum of seven days for security reasons (e.g. to investigate misuse or fraud) and will then be deleted. Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.
8. Cookies & range measurement
8.1. Cookies are information that is transferred from our web server or third-party web servers to the user's web browser and stored there for later retrieval. Cookies can be small files or other types of information storage.
8.2. We use these cookies, for example, to store your login status or the shopping cart function and thus enable convenient use of our online offer.
8.4. If users do not want cookies to be stored on their computer, they are asked to deactivate 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.
9. Google Analytics
9.2. Google is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
9.3. Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services connected with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
9.4. We use Google Analytics to display advertisements placed by Google and its partners within advertising services only to users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are determined by the web pages visited) that we transmit to Google (so-called "remarketing" or "Google Analytics Audiences"). With the help of remarketing audiences, we would also like to ensure that our ads correspond to the potential interest of the users and are not annoying.
9.5. We use Google Analytics only with IP anonymization enabled. This means that Google will truncate the IP address of users within member states of the European Union or in other signatories of 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 and shortened there.
9.6. The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and 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.
9.7. Further information on data use by Google, possible settings and objections can be found on the Google websites: https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when using our partners' websites or apps"), http://www.google.com/policies/technologies/ads ("Data use for advertising purposes"), http://www.google.de/settings/ads ("Manage information that Google uses to show you advertising").
10.1. With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to the receipt and the described procedures.
10.2. Content of the Newsletter: We only send newsletters, e-mails and other electronic notifications containing promotional information (hereinafter "newsletters") with the consent of the recipients or a legal permission. If the contents of a newsletter are specifically described within the scope of a registration, they are decisive for the consent of the users. In addition, our newsletters contain information about our products, offers, promotions and our company.
10.3. Double opt-in and logging: Subscription to our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can log in with other e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address.
10.4. Login data: To subscribe to the newsletter, simply enter your e-mail address.
10.5. Cancellation/Revocation: You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. At the same time, your consents to its dispatch expire. You will find a link to cancel the newsletter at the end of each newsletter. If users have only subscribed to the newsletter and cancelled their subscription, their personal data will be deleted.
11. Integration of third-party services and content
11.1. Based on 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. GDPR), we are including content or service offerings of third parties to incorporate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content"). This always presupposes that the third-party providers of this content perceive the IP address of the users, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the display of this content. We endeavor to use only those contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. 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 include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as may be linked to such information from other sources.
11.2. The following presentation provides an overview of third-party providers and their contents, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities of objection (so-called opt-out):
- If our customers use the payment services of third parties (e.g. PayPal, Saferpay or Sofortüberweisung), the terms and conditions and the data protection notices of the respective third-party providers, which can be accessed within the respective websites or transaction applications, apply.
12. User rights
12.1. Users have the right, upon request and free of charge, to receive information about the personal data that we have stored about them.
12.2. In addition, users have the right to correct inaccurate data, to limit the processing and deletion of their personal data, if applicable, to assert their rights to data portability and, in the event of the acceptance of unlawful data processing, to file a complaint with the competent supervisory authority.
12.3. Users may also revoke their consent, in principle with effect for the future.
13. Deletion of data
13.1. The data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal storage obligations to prevent deletion. If the user's data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for commercial or tax reasons.
13.2. In accordance with statutory requirements, the records shall be kept for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc.).
13.3. You can make a deletion request directly in your account on vimp.com. To do this, you must be logged in for unique authentication. The deletion will then be confirmed by e-mail within the legal deadlines. At the same time the irreversible termination of the license agreement of the software with ViMP GmbH, if available, also takes place for the free solution. Before applying, all components of the already loaded software must be irretrievably deleted and access cannot be granted afterwards.
13.4. Even after a deletion request, the data will only be completely deleted if their storage is not necessary for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c GDPR.
14. Right of objection
Users can object to the future processing of their personal data in accordance with legal requirements at any time. The objection may be lodged against processing for direct marketing purposes.
15.1. We reserve the right to change the data protection declaration to adapt it to changed legal situations or in the event of changes to the service or data processing. However, this only applies regarding declarations on data processing. If user consents are required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the users' consent.
15.2. Users are asked to inform themselves regularly about the contents of the data protection declaration.