This privacy statement explains the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and its related websites, functions and content, as well as external online presence, such as our Social Media Profile (hereafter collectively referred to as "online offer"). With regard to the terms used, such as "processing" or "responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
ALLAY Germany UG (limited liability)
District court Zweibrücken: HRB 31542
VAT ID: DE815641921
Managing Director: Ing. Aljosha DA Schäck
T + 49 (0) 89 74 07 85 29
M +49 (0) 17 06 81 11 85
Types of processed data:
- Inventory data (eg, names, addresses).
- Contact details (eg, e-mail, telephone numbers).
- Content data (eg, text input, photographs, videos).
- Usage data (eg, visited websites, interest in content, access times).
- Meta / communication data (eg, device information, IP addresses).
Categories of affected persons
Visitors and users of the online offer (in the following we refer to the persons concerned collectively also as "users").
Purpose of processing
- Provision of the online offer, its functions and contents.
- Answering contact requests and communicating with users.
- Safety measures.
- Reach Measurement / Marketing
"personal data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all data handling.
"Pseudonymization" 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 inclusion of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
"Profiling' means any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analyzing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person.
The "liability holder" means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
"Commission processor" means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal basics
In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing for the protection of our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that vital interests of the data subject or any other natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.
We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of individuals and organizational measures to ensure a level of protection appropriate to the risk.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection by technology design and by privacy-friendly default settings (Article 25 DSGVO).
Collaboration with processors and third parties
If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (eg if a transmission of the data to third parties, as to payment service providers, in accordance with Art. 6 para. 1 lit. b DSGVO is required to fulfill the contract), you have consented to a legal obligation or on the basis of our legitimate interests (eg the use of agents, webhosters, etc.).
If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 DSGVO.
Transfers to third countries
If we process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. DSGVO. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognized level of data protection (eg for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of data subjects
You have the right to request a confirmation as to whether the data in question are being processed and to provide information about this data as well as further information and a copy of the data in accordance with Art. 15 DSGVO.
You have accordingly. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 DSGVO, they have the right to demand that the relevant data be deleted immediately, or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 DSGVO.
You have the right to demand that the data relating to you provided to us be obtained in accordance with Art. 20 DSGVO and to be transmitted to other persons responsible.
You have gem. Art. 77 DSGVO the right to file a complaint with the competent supervisory authority.
Right of Withdrawal
You have the right to grant consent in accordance with. Art. 7 para. 3 DSGVO with effect for the future
Right of objection
You may at any time object to the future processing of your data in accordance with Art. 21 GDPR. The objection may in particular be made against processing for direct marketing purposes.
Cookies and right of objection for direct advertising
Cookies" are small files that are stored on the user's computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the person responsible for the online offer (otherwise, if it is only their cookies, it is called "first-party cookies").
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.
A general contradiction against the use of the cookies used for the purpose of online marketing can in a variety of services, especially in the case of tracking, on the US side http://www.aboutads.info/choices/; or the EU side http://www.youronlinechoices.com/; be explained. Furthermore, cookies can be saved by switching them off in the browser settings. Please note that not all functions of this online offer can then be used.
Deletion of data
According to legal requirements in Germany, the retention takes place in particular for 10 years according to §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, trading books, for taxation relevant Documents, etc.) and 6 years according to § 257 para. 1 No. 2 and 3, para. 4 HGB (commercial letters).
According to legal regulations in Austria the storage takes place in particular for 7 J according to § 132 para. 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years of documentation related to electronically provided services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.
In addition we process
- Contract data (eg, subject matter, term, customer category).
- Payment data (eg, bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Order processing in the online shop and customer account
We process the data of our customers as part of the ordering process in our online shop to allow them to select and order the selected products and services, as well as their payment and delivery, or execution.
The processed data includes inventory data, communication data, contract data, payment data and persons affected by the processing belong to our customers, prospects and other business partners. Processing is for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer service. Here we use session cookies for the storage of the shopping cart contents and permanent cookies for the storage of the login status.
The processing is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. The information marked as required for the establishment and fulfillment of the contract is required. We disclose the data to third parties only in the context of extradition, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data will be processed in third countries only if this is necessary for the fulfillment of the contract (eg on customer request at delivery or payment).
Users can optionally create a user account, in particular by being able to view their orders. As part of the registration, the necessary mandatory information will be communicated to the users. The user accounts are not public and can not be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is for commercial or tax reasons according to Art. 6 para. 1 lit. c DSGVO necessary. Information in the customer account remains until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to secure their data upon termination before the end of the contract.
As part of the registration and re-registration and 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. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c DSGVO.
The deletion takes place after expiry of legal warranty and comparable obligations, the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiration (end of commercial law (6 years) and tax law (10 years) retention obligation).
External payment service providers
As part of the fulfillment of contracts, we use the payment service providers on the basis of Art. 6 Para. 1 lit. b. GDPR. In addition, we use external payment service providers based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f. GDPR in order to offer our users effective and secure payment options.
The data processed by the payment service providers include inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, sums and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data will be transmitted to credit agencies by the payment service provider. The purpose of this transmission is to check identity and creditworthiness. For this we refer to the terms and conditions and data protection information of the payment service providers.
For the payment transactions, the terms and conditions and the privacy notices of the respective payment service providers, which are available within the respective websites, or transaction applications apply. We also refer to these for further information and assertion of rights of withdrawal, information and other data subjects.
Administration, financial accounting, office organization, contact management
We process data within the framework of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The basis for processing is Art. 6 Par. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities.
In doing so, we disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee earners and payment service providers.
Furthermore, we store information on suppliers, event organizers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. We store these mostly company-related data permanently.
Amazon Affiliate Program
Based on our legitimate interests (ie, interest in the economic operation of our online offer as defined in Art. 6 para. 1 lit. DSGVO), we are a participant in the Amazon EU Affiliate Program designed to provide a medium for websites through which the placement of advertisements and links to Amazon.de advertising fee refund can be earned (so-called affiliate system). This means that as an Amazon partner, we earn qualified purchases.
Note: Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or one of its affiliates.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's details will be used to process the contact request and its handling in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relations), Art. 6 para. 1 lit. f. (other inquiries) DSGVO are processed... User data may be stored in a customer relationship management system ("CRM system") or comparable enquiry organisation.
We delete the enquiries if they are no longer required. We check the necessity every two years; furthermore, the statutory archiving obligations apply.
With the following notes 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 receive it and to the described procedures.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as "newsletter") only with the consent of the recipients or a legal permission. If the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.
Double-Opt-In and logging: The registration for our newsletter is done 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 nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
Registration data: To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name for personal contact in the newsletter.
The dispatch of the newsletter and the measurement of success associated with it are based on the consent of the recipients in accordance with Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Para. 2 No. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lt. f. DSGVO in conjunction with § Art. 7 Para. 3 UWG.
The registration procedure is recorded on the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. f DSGVO. We are interested in the use of a user-friendly and secure newsletter system that serves our business interests as well as meeting the expectations of the users and also allows us to provide proof of consent.
Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
Newsletter - Mail Chimp
The mail-order service provider may use the recipient's data in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. to technically optimise the dispatch and presentation of newsletters or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
Hosting and e-mailing
The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mailing, security and technical maintenance services we use to operate this online service.
Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing contract).
Collection of access data and log files
We, or our hosting provider, collects based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider ,
Logfile information is stored for security reasons (eg to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services associated with the use of this website and the internet. In doing so, pseudonymous user profiles of the users can be created from the processed data.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user's browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to their use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de
The personal data of users will be deleted or anonymized after 14 months.
Targeting with Google Analytics
We use Google Analytics to display advertisements displayed within Google and its affiliate advertising services, only those users who have shown an interest in our online offering or who have certain characteristics (eg interests in specific topics or products visited by them) Web pages) that we submit to Google (so-called "remarketing" or "Google Analytics audiences"). With Remarketing Audiences, we also want to make sure that our ads meet the potential interest of users.
Facebook Pixels, Custom Audiences and Facebook Conversion
Due to our legitimate interests in analysis, optimization and economic operation of our online offer and for these purposes, our online offer includes the so-called "Facebook pixel" of the social network Facebook, which is provided by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025 , USA, or if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland is operated ("Facebook").
Facebook is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
With the help of the Facebook pixel, Facebook is on the one hand able to determine the visitors of our online offer as a target group for the presentation of ads (so-called "Facebook ads"). Accordingly, we use Facebook pixels to display Facebook ads placed by us only to Facebook users who have shown an interest in our online offering or who have certain features (e.g., interests in certain topics or products that are determined on the basis of the websites visited) that we transmit to Facebook (so-called "custom audiences"). With the help of Facebook pixels, we also want to ensure that our Facebook ads correspond to the potential interest of users and do not appear annoying. The Facebook pixel also enables us to track the effectiveness of Facebook ads for statistical and market research purposes by showing whether users were referred to our website after clicking on a Facebook ad (known as "conversion").
The processing of the data by Facebook is part of Facebook's data usage policy. Accordingly, general notes on the presentation of Facebook Ads, in the data usage policy of Facebook: https://www.facebook.com/policy.php;. You can find special information and details about the Facebook Pixel and how it works in the Facebook help section: https://www.facebook.com/business/help/651294705016616.
You may object to the capture by the Facebook Pixel and use of your data to display Facebook Ads. To set which types of ads you see within Facebook, you can go to the page set up by Facebook and follow the instructions on the usage-based advertising settings: https://www.facebook.com/settings?tab=ads;. The settings are platform-independent, ie they are applied to all devices, such as desktop computers or mobile devices.
Online presence in social media
We maintain online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.
Integration of services and content of third parties
Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit.f DSGVO), we make use of content or services offered by third-party providers in order to provide their content and services Integrate services such as videos or fonts (collectively referred to as "content").
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to 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 include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.
We embed the videos of the platform "YouTube" of the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/;, Opt-out: https://adssettings.google.com/authenticated.
We embed the fonts ("Google Fonts") of the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/;, Opt-out: https://adssettings.google.com/authenticated.
We incorporate the Bots Detection feature, for example when entering into online forms ("ReCaptcha") of the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/;, Opt-out: https://adssettings.google.com/authenticated.
Within our online offering, features and content of the Twitter service offered by Twitter Inc., 1355 Market Street, 900 Suite, San Francisco, CA 94103, USA, may be incorporated. This may include, for example, content such as images, videos or texts and buttons, with which users can share the contents of this online offer within Twitter.
If the users are members of the platform Twitter, Twitter can assign the call of the above mentioned contents and functions to the profiles of the users. Twitter is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Data protection: https://twitter.com/de/privacy;, Opt-out: https://twitter.com/personalization.
Within our online offering, features and content of the Instagram service offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, may be incorporated. This may include, for example, content such as images, videos or text and buttons that allow users to share content from this online offering within Instagram. If the users are members of the platform Instagram, Instagram can assign the call of the above mentioned contents and functions to the profiles of the users there. Privacy Statement of Instagram: http://instagram.com/about/legal/privacy/. ;