This privacy policy explains the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profiles (hereinafter jointly referred to as "online offering"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible

SensoryBoost
Albert-Einstein-Strasse 4
04600 Altenburg Germany

Business@SensoryBoost.de
Managing Director/Owner: Benjamin, Zeising
Link to imprint: https://www.sensoryboost.de/impressum/

Types of data processed:

– Inventory data (e.g. names, addresses).
– Contact details (e.g., email, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offer (hereinafter we refer to the persons concerned collectively 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

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “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. a cookie) or to 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 on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually any handling of data.

‘Pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

‘Profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

The “controller” means the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data.

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.

Safety measures

In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, 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 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 to it, input, transfer, ensuring availability and separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and response to data threats. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Article 25 GDPR).

Cooperation with processors and third parties

If, as part of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, is necessary to fulfil the contract in accordance with Art. 6 Para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 GDPR.

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 occurs as part of the use of third-party services or the disclosure or transmission of data to third parties, this will only take place if it is necessary to fulfil 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 only process or have data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).

Rights of the data subjects

You have the right to request confirmation as to whether or not data concerning you is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

According to Art. 16 GDPR, you have the right to request that the data concerning you be completed or that inaccurate data concerning you be corrected.

In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR.

You have the right to request that we receive the data concerning you that you have made available to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

Right of withdrawal

You have the right to revoke consent given in accordance with Art. 7 Para. 3 GDPR with effect for the future

Right to object

You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.

Cookies and right to object to direct advertising

“Cookies” are small files that are saved on users’ computers. Different information can be saved within cookies. A cookie is primarily used to save information about a user (or the device on which the cookie is saved) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. Cookies that remain saved even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be saved if users visit the site several days later. Likewise, the interests of users can be saved in such a cookie, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online service (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

We may use temporary and permanent cookies and explain this in our privacy policy.

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 service.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, cookies can be blocked by deactivating them in the browser settings. Please note that in this case, not all functions of this website may be available.

Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-loeschen-daten-von-websites-entfernen
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Google Chrome: https://support.google.com/accounts/answer/61416?hl=en
Opera: http://www.opera.com/help
Safari: https://support.apple.com/kb/PH17191?locale=en_US&viewlocale=en_US

Deletion of data

The data we process is deleted or restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us is deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, the storage period is in particular for 10 years in accordance with Section 147 Para. 1 AO, 257 Para. 1 No. 1 and 4, Para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 Para. 1 No. 2 and 3, Para. 4 HGB (commercial letters).

According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with Section 132 Para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.

Business-related processing

In addition, we process
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g. bank details, payment history)
from our customers, interested parties 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 our customers' data as part of the ordering process in our online shop in order to enable them to select and order the selected products and services, as well as to pay for and deliver them or execute them.

The data processed includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. We use session cookies to store the shopping cart contents and permanent cookies to store the login status.

The processing is carried out on the basis of Art. 6 Paragraph 1 Letter b (execution of order processes) and c (legally required archiving) GDPR. The information marked as required is required to establish and fulfill the contract. We only disclose the data to third parties in the context 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 to fulfill the contract (e.g. at the customer's request during delivery or payment).

Users can optionally create a user account, in particular where they can view their orders. During registration, the required mandatory information is communicated to users. User accounts are not public and cannot be indexed by search engines. If users have canceled their user account, their data relating to the user account will be deleted, provided that their retention is necessary for commercial or tax law reasons in accordance with Art. 6 Paragraph 1 Letter c of GDPR. Information in the customer account remains until it is deleted and then archived in the event of a legal obligation. It is the responsibility of users to save their data before the end of the contract if the contract is canceled.

When registering and re-registering as well as using our online services, we save the IP address and the time of the respective user action. The data is saved on the basis of our legitimate interests, as well as the user's interests in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c GDPR.

Deletion occurs after expiry of statutory warranty and comparable obligations, the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion occurs after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

External payment service providers

We use external payment service providers via whose platforms users and we can carry out payment transactions (e.g., each with a link to the privacy policy, Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)

As part of the fulfillment of contracts, we use payment service providers on the basis of Art. 6 (1) (b) GDPR. In addition, we use external payment service providers on the basis of our legitimate interests in accordance with Art. 6 (1) (f) GDPR in order to offer our users effective and secure payment options.

The data processed by the payment service providers includes inventory data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, amount and recipient-related information. The information is required to carry out the transactions. However, the data entered is only processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, only information confirming or rejecting the payment. The payment service providers may transmit the data to credit agencies. This transmission is for the purpose of checking identity and creditworthiness. For this purpose, we refer to the terms and conditions and data protection information of the payment service providers.

The terms and conditions and data protection notices of the respective payment service providers apply to payment transactions and can be accessed on the respective websites or transaction applications. We also refer to these for further information and to assert revocation, information and other rights of those affected.

Registration function

Users can create a user account. During registration, the required mandatory information is communicated to the users and processed on the basis of Art. 6 Paragraph 1 Letter b of GDPR for the purpose of providing the user account. The data processed includes in particular the login information (name, password and an email address). The data entered during registration is used for the purposes of using the user account and its purpose.

Users can be informed by email about information that is relevant to their user account, such as technical changes. If users have terminated their user account, their data relating to the user account will be deleted, subject to a statutory retention period. It is the responsibility of users to back up their data before the end of the contract if the contract is terminated. We are entitled to irretrievably delete all user data stored during the term of the contract.

When you use our registration and login functions and the user account, we save the IP address and the time of the respective user action. The data is saved on the basis of our legitimate interests, as well as the user's interests in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.

contact

When you contact us (e.g. via contact form, email, telephone or via social media), the user's details are processed to process the contact request and its processing in accordance with Art. 6 Paragraph 1 Letter b) of GDPR. Users' details may be stored in a customer relationship management system ("CRM system") or comparable inquiry organization.

We delete the requests if they are no longer required. We check the necessity every two years; statutory archiving obligations also apply.

Google Analytics

Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use Google Analytics, a web analysis service of Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offering by users is usually transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thus offers 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 other services related to the use of this website and the Internet. Pseudonymous user profiles can be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the user's IP address is shortened by Google within member states of the European Union or in other contracting 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 and shortened there.

The IP address transmitted by the user's browser will not be merged with other data from Google. 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 website and 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.

For more information about Google's use of data, settings and objection options, please see Google's privacy policy (https://policies.google.com/technologies/ads) and the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

Users’ personal data will be deleted or anonymized after 14 months.

Online presence in social media

We maintain online presences within social networks and platforms in order to communicate with customers, interested parties and users active there and to inform them about our services. When you access the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our privacy policy, we process users' data if they communicate with us within social networks and platforms, e.g. by writing posts on our online presence or sending us messages.

Integration of third-party services and content

Within our online offering, we use content or service offerings from third-party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR) in order to integrate 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 user, since without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known 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 contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as be linked to such information from other sources.

Youtube

We embed videos from the “YouTube” platform provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Fonts

We integrate the fonts ("Google Fonts") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google ReCaptcha

We integrate the function for detecting bots, e.g. when entering data in online forms (“ReCaptcha”) from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke

SSL encryption

To protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL) over HTTPS.

Changes to our privacy policy

We reserve the right to adapt this privacy policy so that it always complies with the current legal requirements or to implement changes to our services in the privacy policy, e.g. when introducing new services. The new privacy policy will then apply to your next visit.

Questions to the Data Protection Officer

If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organization directly:

Benjamin Zeising / SensoryBoost – Info@SensoryBoost.de – Subject: Data protection