Data privacy statement
This data privacy statement informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as the “Online Offer”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Name/Fa.: The Golden Shore Verlag GmbH
Street no.: Spreestraße 4
Zip code, city, country: D-44143 Dortmund Deutschland
Commercial Register/No.: HRB 11740
General Manager/Owner: Pragya Inge Gerig
Telephone number: +49(0)231-92568813
Data Privacy Officer:
Name: Pragya Inge Gerig
Street no.: Spreestraße 4
Zip code, city, country:D-44143 Dortmund Deutschland
Telephone number: +49(0)231-92568813
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact information (e.g., email, phone numbers).
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history).
Processing of special categories of data (Art. 9(1) GDPR):
No special categories of data are processed.
Categories of data subjects:
– Customers, interested parties, visitors and users of the online offer, business partners.
– Visitors and users of the online offer.
In the following, we also refer to the persons concerned collectively as “users”.
Purpose of processing:
– Provision of the online offer, its contents and store functions.
– Respond to contact requests and communicate with users.
– Security measures.
Status: February/ 2021
1. Terminologies used
1.1. “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural 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. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2. 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 encompasses virtually any handling of data.
1.3. Responsible party” means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
2. Relevant legal bases
4. Security measures
4.1. We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk in accordance with Article 32 of the GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access concerning them, input, disclosure, ensuring availability and their separation. Measures Furthermore, we have established procedures to ensure the exercise of data subject rights, deletion of data, and response to data compromise. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Article 25 of the GDPR).
4.2. The security measures include, in particular, the encrypted transmission of data between your browser and our server.
5. Disclosure and transmission of data
5.1. If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this shall only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is required pursuant to Art. 6 (1) lit. b GDPR is necessary for the performance of a contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual obligations, administrative tasks and duties).
5.2. If we commission third parties with the processing of data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 GDPR.
6. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this will only be done if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. GDPR are met. This means, for example, that processing takes place on the basis of special guarantees, such as the officially recognized determination of a level of data protection that corresponds to that of the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
7. Rights of the data subjects
7.1. You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 GDPR.
7.2. You have accordingly. Article 16 GDPR the right to request the completion of the data concerning you or the correction of inaccurate data concerning you.
7.3. In accordance with Article 17 of the GDPR, you have the right to demand that the data in question be deleted without delay, or alternatively, in accordance with Article 18 of the GDPR, to demand restriction of the processing of the data.
7.4. You have the right to request to receive the data concerning you that you have provided to us in accordance with Article 20 of the GDPR and to request its transfer to other data controllers.
7.5. They also have pursuant to Article 77 GDPR the right to lodge a complaint with the competent supervisory authority.
8. Right of withdrawal
You have the right to withdraw consent granted pursuant to. Art. 7 par. 3 GDPR with effect for the future.
9. Right of Objection
You may object to the future processing of data relating to you in accordance with Art. 21 GDPR at any time. The objection can be made in particular against the processing for purposes of direct advertising.
10. Cookies and right to object to direct advertising
10.1. Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. Ein Cookie dient primär dazu, die Angaben zu einem Nutzer (bzw. dem Gerät auf dem das Cookie gespeichert ist) während oder auch nach seinem Besuch innerhalb eines Onlineangebotes zu speichern. 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 store or a login status can be stored. Permanent” or “persistent” cookies are those that remain stored even after the browser is closed. For example, the login status can be saved when users visit them after several days. Likewise, such a cookie may store the interests of users, which are used for reach measurement or marketing purposes. Third-party cookies” are cookies from providers other than the party responsible for operating the online offering (otherwise, if they are only the party’s cookies, they are referred to as “first-party cookies”).
If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in the system settings of their abrowser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies may lead to functional restrictions of this online offer.
11. Data deletion
11.2. Germany: According to legal requirements, the storage takes place in particular for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
11.3. Austria: According to legal requirements, the storage takes place in particular for 7 years in accordance with § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real property, and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
12. Order processing in the online store and customer account
12.1. We process the data of our customers in the context of the order processes in our online store to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
12.2. The processed data includes inventory data, communication data, contract data, payment data and the data subjects include our customers, prospective customers and other business partners. The processing is carried out for the purpose of providing contractual services within the framework of the operation of an online store, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
12.3. The processing is carried out on the basis of Art. 6 para. 1 lit. b (Execution of order processes) and c (Legally required archiving) GDPR. In this context, the information marked as required is necessary for the justification and fulfillment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permissions and obligations to legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfillment of the contract (e.g. at the customer’s request for delivery or payment).
12.4. Users can optionally create a user account, in which they can view their orders in particular. During the registration process, the required mandatory information is provided 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 with regard to the user account will be deleted, subject to their retention for reasons of commercial or tax law. Art. 6 para. 1 lit. c GDPR is necessary. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to back up their data before the end of the contract if the contract has been terminated.
12.5. Within the scope of registration and renewed logins as well as the 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 those of users in protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties unless it is necessary for the prosecution of our claims or there is a legal obligation to do so in accordance with the German Data Protection Act. Art. 6 para. 1 lit. c DGPR.
12.6. The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account remains until its deletion.
13. Business analyses and market research
13.1. In order to operate our business economically and to be able to recognize market trends, customer and user wishes, we analyze the data we have on business transactions, contracts, inquiries, etc. We use this data for the purposes of our business processes. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. GDPR, whereby the data subjects include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of business evaluations, marketing and market research. nd market research. In doing so, we may take into account the profiles of registered users with details of, for example, their purchase transactions. The analyses serve us to increase the user-friendliness, the optimization of our offer and the operational economy. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarized values.
13.2. If these analyses or profiles are personal, they are deleted or anonymized upon termination by the user, otherwise after two years from the conclusion of the contract. In other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
Checking the creditworthiness of a customer is permissible if there is otherwise a risk of non-payment, i.e. if the goods are delivered without payment having been received (i.e. if the customer chooses to purchase on account). On the other hand, there is no risk of non-payment if the customer chooses the prepayment option, for example, or makes the payment via third-party providers such as Paypal.
It should also be noted that obtaining an automatic credit report is an “automated decision in individual cases” pursuant to Art. Article 22 GDPR, i.e. a legal decision without human involvement. This is permissible if the customer has consented or if this decision is necessary for the conclusion of the contract. Whether the decision is required has not yet been conclusively determined, but is widely held to be a given, including by the author of this sample. However, if you want to eliminate any risk, you should obtain consent.
14. Credit information
14.1. Ob die Entscheidung erforderlich ist, ist noch nicht abschließend geklärt, wird aber weithin als gegeben angesehen, auch vom Verfasser dieses Beispiels.
14.2. As part of the credit check, we transmit the following personal data of the customer (name, postal address, date of birth, information on the type of contract, bank details [please specify additional data if necessary]) to the following credit agencies:
[Please specify the credit bureaus here, e.g.:] SCHUFA company (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), data protection information: https://www.schufa.de/de/ueber-uns/daten-scoring/.
14.3. We process the information received from the credit agencies on the statistical probability of a payment default within the framework of an appropriate discretionary decision on the establishment, implementation and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative result of the credit check.
14.4. In accordance with Art. 22 GDPR, the decision as to whether we provide advance services is made solely on the basis of an automated decision in the individual case, which is made by our software on the basis of the information provided by the credit agency.
14.5 If we obtain express consent from you, the legal basis for the credit check and the transmission of the customer’s data to the credit bureaus is the consent pursuant to § 14.1. Art. 6 para. 1 lit. a, 7 GDPR If no consent is obtained, our legitimate interests in the default security of their payment claim are the legal basis pursuant to. Art. 6 para. 1 lit. f. GDPR.
15. Contact and customer service
15.1. When contacting us (via contact form or e-mail), the user’s details are used to process the contact request and its handling in accordance with the German Data Protection Act. Art. 6 para. 1 lit. b) GDPR verarbeitet.
15.2. User information may be stored in our Customer Relationship Management System (“CRM System”) or comparable inquiry organization.
15.3. We delete the requests if they are no longer necessary. We review the necessity every two years; we store requests from customers who have a customer account permanently and refer to the customer account details for deletion. Furthermore, the statutory archiving obligations apply.
16. Collection of access data and log files
16.1. We collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
16.2. Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further retention is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident.
17. Online presences in social media
17.1. We maintain on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.
If the “Remarketing”, or “Google Analytics Audiences” functions are used, the following passage on these functions must be included additionally, as a second point:
17.2. We use Google Analytics to display the ads placed within advertising services of Google and its partners only to those users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Google (so-called “remarketing”, or “Google Analytics Audiences”). With the help of Remarketing Audiences, we also want to make sure that our ads match the potential interest of users and are not harassing.
20. Facebook, Custom Audiences and Facebook Marketing Services
20.1 Within our online offer, the so-called “Facebook pixel” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), is used due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes.
20.2. Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
20.3. With the help of the Facebook pixel, it is possible for Facebook to determine the visitors of our online offer as a target group for the display of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to display Facebook ads placed by us only to Facebook users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called “conversion”).
20.4. The processing of data by Facebook takes place within the framework of Facebook’s data usage policy. Accordingly, general information on the display of Facebook ads, in Facebook’s data usage policy: https://www.facebook.com/policy.php. For specific information and details about the Facebook Pixel and how it works, see Facebook’s help section: https://www.facebook.com/business/help/651294705016616.
20.5. You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To set what types of ads are shown to you within Facebook, you can go to the page set up by Facebook and follow the instructions there for usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are made in a platform-independent manner, i.e. they are applied to all devices, such as desktop computers or mobile devices.
21. Facebook social plugins
21.1 We use social plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd. DSGVO) social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are recognizable by one of the Facebook logos (white “f” on blue tile, the terms “Like”, “Like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/. Translated with www.DeepL.com/Translator (free version)
21.2. Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
21.3. When a user calls up a function of this online offer that contains such a plugin, his or her device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated by the user into the online offer. In doing so, usage profiles of the users can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
21.4. By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example by clicking the Like button or posting a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to obtain and store his or her IP address. According to Facebook, only an anonymized IP address is stored in Germany.
21.6. If a user is a Facebook member and does not want Facebook to collect data about him or her via this online offering and link it to his or her membership data stored with Facebook, he or she must log out of Facebook and delete his or her cookies before using our online offering. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
27. Communication via mail, e-mail, fax or telephone
27.1 We use remote means of communication, such as mail, telephone or e-mail, for business processing and marketing purposes. In doing so, we process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
27.2 The processing is carried out on the basis of Art. 6 para. 1 lit. a, Art. 7 DSGVO, Art. 6 para. 1 lit. f GDPR in connection with legal requirements for promotional communications. Contact is only made with the consent of the contact partners or within the scope of legal permissions and the processed data is deleted as soon as it is no longer required and otherwise with objection/ revocation or discontinuation of the authorization basis or legal archiving obligations.
Note: Please already point out the contents of the newsletter and the evaluation of the opening as well as the clicking behavior within the scope of the registration, i.e. in the registration form, e.g.:
If you use a shipping service provider, you must add information about them and can use these examples as a guide (use a service provider from the EU and one from a third country):
Note on the legal basis: Please select the variant for Germany or Austria in the information on the legal basis. Please take into account that in Austria, due to a provision of the E-Commerce Act (ECG), the so-called “ECG list” must be taken into account. This list is maintained by the Regulatory Authority for Telecommunications and Broadcasting (RTR): https://www.rtr.at/de/tk/TKKS_Spam. It contains those e-mail addresses to which e-mails may not be sent.
28.1. 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 receive it and to the procedures described.
28.2. Newsletter content: We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the course of registration, they are decisive for the user’s consent. In addition, our newsletters contain information about our products, offers, promotions and our company.
28.3. Double-Opt-In and logging: The registration for our newsletter takes place in a so-called double-opt-in process. I.e. after registration you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can log in with foreign e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the subscription process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider are logged.
28.5. Insofar as we use a dispatch service provider, the dispatch service provider may, according to its own information, use this data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletter or for statistical purposes to determine from which countries the recipients come. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass them on to third parties.
28.6. Registration data: To sign up for the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to enter a name for the purpose of personal address in the newsletter.
28.7. Performance measurement – The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened, or if we use a shipping service provider, from their server. In the course of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of the retrieval are collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined with the help of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened, and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the shipping service provider to monitor individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
28.8. Germany: The dispatch of the newsletter and the measurement of success are based on the consent of the recipients according to. Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 para. 2 No. 3 UWG or on the basis of the statutory permission pursuant to § 2 No. 3 UWG. § 7 Abs. 3 UWG.
28.9. Austria: The dispatch of the newsletter and the measurement of its success are based on the consent of the recipients according to. Art. 6 para. 1 lit. a, Art. 7 GDPR i.V.m § 107 para. 2 TKG or on the basis of the statutory permission pursuant to § 2 TKG. § 107 Para. 2 and 3 TKG.
28.10. The logging of the registration process is based on our legitimate interests according to. Art. 6 para. 1 lit. f GDPR and serves as proof of consent to receive the newsletter.
28.11. Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consents. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, their consent to performance measurement expires. A separate revocation of the performance measurement is unfortunately not possible, in this case the entire newsletter subscription must be cancelled. Upon unsubscribing from newsletters, personal data will be deleted, unless their retention is legally required or justified, in which case their processing will be limited only to these exceptional purposes. In particular, we may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them for newsletter mailing purposes in order to be able to prove consent previously given. The processing of this data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.