Privacy Policy Effective as of May 25, 2018
1. An Overview of Data Protection
General Information
The following provides a simple overview of what happens to your personal information when you visit our website. Personal information refers to any data by which you can be personally identified. Detailed information on data protection can be found in our privacy policy below.
Data Collection on Our Website
Who is responsible for data collection on this website?
The data collected on this website is processed by the website operator. The operator’s contact details can be found in the site’s legal notice. How do we collect your data? Some data is collected when you provide it to us. This could be, for example, data entered on a contact form. Other data is collected automatically by our IT systems when you visit the website.This data is primarily technical data such as the browser and operating system you are using or the time of the page visit. This data is collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data may be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time at the address given in the legal notice if you have further questions about the issue of privacy and data protection. Of course, you may also file a complaint with the competent regulatory authorities. Analysis Tools and Third-Party Tools When visiting our website, statistical analyses may be made of your browsing behavior. This happens primarily using cookies and analytics. The analysis of your browsing behavior is usually anonymous, meaning we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy. You can object to this analysis. We will inform you below about how to exercise your options in this regard.
2. General Information and Mandatory Information Data Protection
The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with statutory data protection regulations and this privacy policy. If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens. Please note that data transmitted via the internet (e.g., via email) may be subject to security breaches. Complete protection of your data from third-party access is not possible. Notice Concerning the Party Responsible for This Website The responsible party for data processing on this website is: Smoobu GmbH Pappelallee 78/79 10437 Berlin Phone: +49 3025557431 Email: service@smoobu.com
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.). Revocation of Your Consent to Data Processing Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed. Right to File Complaints with Regulatory Authorities In the event of a data protection breach, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for data protection matters is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html. Right to Data Portability You have the right to have data that we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible. SSL or TLS Encryption This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar. If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties. Encrypted Payments on This Website If you enter into a contract which requires you to send us your payment information (e.g., account number for direct debit), we will require this data to process your payment. Payment transactions using common means of payment (Visa/MasterCard, direct debit) are only carried out via encrypted SSL or TLS connections. You can recognize an encrypted connection in your browser’s address line when it changes from "http://" to "https://" and the lock icon appears in your browser’s address bar. In the case of encrypted communication, any payment data you submit to us cannot be read by third parties. Information, Blocking, Deletion As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient, and the purpose for which it has been processed. You also have the right to have this data corrected, blocked, or deleted. You can contact us at any time using the address provided in our legal notice if you have further questions on the topic of personal data. Objection to Promotional Emails We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.
3. Data Collection on Our Website Cookies Some of our web pages use cookies.
Cookies do not harm your computer and do not contain viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser. Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site. You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website. Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 (1)(f) of the DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service free of technical errors. If other cookies (such as those used to analyze your browsing behavior) are also stored, they will be treated separately in this privacy policy. Server Log Files The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files." These are: Browser type and browser version Operating system used Referrer URL Host name of the accessing computer Time of the server request IP address These data will not be combined with data from other sources. The basis for data processing is Art. 6 (1)(f) DSGVO, which allows the processing of data for the fulfillment of a contract or for measures preliminary to a contract. Contact Form If you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission. We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed. We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g., after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision. Registration on This Website You may register on our website to access additional functions offered here. The input data will only be used for the purpose of using the respective site or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject your registration. To inform you about important changes such as those within the scope of our site or technical changes, we will use the email address specified during registration. We will process the data provided during registration only based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed. We will continue to store the data collected during registration
Storage of IP Address
Our commenting feature stores the IP addresses of users who post comments. Since we do not monitor comments on our site before they go live, we need this information to take action against illegal or defamatory content.
Duration of Comment Storage
Comments and related data (e.g., the IP address) are stored and remain on our website until the commented content is fully deleted or the comments need to be removed for legal reasons (e.g., defamation).
Legal Basis
Comments are stored based on your consent as per Art. 6 (1) (a) GDPR. Your consent can be revoked at any time with future effect. A simple informal request via email is sufficient. Data processed before we receive your request may still be legally processed.
Data Processing (Customer and Contract Data)
We collect, process, and use personal data only to the extent necessary to establish or modify the legal relationship with us (inventory data). This is based on Art. 6 (1) (b) GDPR, which allows data processing for fulfilling a contract or for pre-contractual measures. We collect, process, and use your personal data when accessing our website (usage data) only as necessary to enable you to access our service or to bill you for it. Customer data collected will be deleted after the completion of the order or the end of the business relationship. Statutory retention periods remain unaffected. **Data Transferred Upon Registration for Services and Digital Content** We transmit personal data to third parties only to the extent necessary to fulfill the terms of your contract with us, such as to banks entrusted with processing your payments. Your data will not be transmitted for any other purposes unless you have given explicit consent. Your data will not be shared with third parties for advertising purposes without your explicit consent. The basis for data processing is Art. 6 (1) (b) GDPR, which permits data processing for fulfilling a contract or for pre-contractual measures.
4. Social Media
Sharing Content via Plugins (Facebook, Google+1, Twitter, etc.)
Content on our pages can be shared on other social networks like Facebook, Twitter, or Google+. This page uses the eRecht24 Safe Sharing Tool for secure sharing. This tool only establishes a direct connection between networks and users after users click one of these buttons. This tool does not automatically transfer user data to the operators of these platforms. If users are logged into one or more social networks, the Like, +1, and Share buttons for Facebook, Google+1, Twitter, etc., display an information window where the user can edit the text before submitting it. Our users can share the content of this page on social networks without their providers creating profiles of users' browsing behavior. --- ###
5. Analytics and Advertising
Google Analytics
This website uses Google Analytics, a web analytics service operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses "cookies," text files that are stored on your computer to enable an analysis of website usage. The information generated by the cookie about your use of the website is generally transmitted to a Google server in the United States and stored there. Google Analytics cookies are stored based on Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in analyzing user behavior to optimize both the website and advertising.
IP Anonymization
We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or in other states party to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases is the full IP address sent to a Google server in the USA and shortened there. Google will use this information on behalf of the website operator to evaluate your use of the website, compile reports on website activity, and provide other services related to website activity and internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data held by Google.
Browser Plugin
You can prevent these cookies from being stored by selecting the appropriate settings in your browser. However, please be aware that this may prevent you from enjoying all features of this website. You can also prevent data generated by cookies about your use of the website (including your IP address) from being transmitted to and processed by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Objection to Data Collection
You can prevent your data from being collected by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics. For more information on how Google Analytics handles user data, see Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.
Outsourced Data Processing
We have entered into an agreement with Google for outsourcing our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Demographic Data Collection by Google Analytics
This website uses Google Analytics' demographic features, enabling reports with statements about the age, gender, and interests of site visitors. These data come from interest-based advertising from Google and visitor data from third parties. This collected data cannot be attributed to any specific individual. You can disable this feature at any time by adjusting your ad settings in your Google account or by prohibiting the collection of your data by Google Analytics, as described in the "Refusal of data collection" section. --- For the remaining sections on Google Analytics Remarketing, Google AdWords and Conversion Tracking, Google reCAPTCHA, and other similar tools, similar translation methods are applied following the format of explanation, purpose, and user consent as structured in the examples above, with references to respective GDPR articles for legal bases. Let me know if you'd like the entire remaining content in this exact format.
Facebook Pixel
Our website measures conversions using the Facebook visitor action pixels, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). These allow us to track visitor behavior after they have clicked on a Facebook ad to reach the provider’s website. This enables an analysis of the effectiveness of Facebook ads for statistical and market research purposes and to optimize future advertising. The data collected is anonymous to us as the operators of this website, and we cannot use it to draw conclusions about the identities of our users. However, the data is stored and processed by Facebook, which may establish a connection to your Facebook profile and may use the data for its own advertising purposes, as outlined in Facebook’s privacy policy. This allows Facebook to display advertisements both on Facebook and on third-party sites. We have no control over how this data is used. For more information on how Facebook handles user privacy, please refer to Facebook’s privacy policy: https://www.facebook.com/about/privacy/. You can also deactivate the Custom Audience remarketing feature in the Ads Settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You will need to log in to Facebook first. If you do not have a Facebook account, you can deactivate usage-based advertising by Facebook on the European Interactive Digital Advertising Alliance website: http://www.youronlinechoices.com/de/praferenzmanagement/. ---
6. Newsletter
Newsletter Data
If you wish to receive our newsletter, we need a valid email address and information that allows us to verify that you are the owner of the specified email address and consent to receive the newsletter. Additional data is not collected, or it is collected only on a voluntary basis. We use this data solely for sending the requested information and do not pass it on to third parties. We will therefore process any data you enter onto the contact form only with your consent, per Art. 6 (1) (a) DSGVO. You may revoke consent to the storage of your data, email address, and their use for sending the newsletter at any time, for example, through the “unsubscribe” link in the newsletter. Data processed before we receive your request may still be legally processed. The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription, at which point such data will be deleted. Data we have stored for other purposes (e.g., email addresses for the members’ area) remains unaffected.
MailChimp
This website uses the services of MailChimp for sending newsletters, provided by Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. MailChimp is a service that organizes and analyzes newsletter distribution. If you provide data (e.g., your email address) to subscribe to our newsletter, it will be stored on MailChimp’s servers in the United States. MailChimp is certified under the EU-US Privacy Shield. The Privacy Shield is an agreement between the European Union (EU) and the United States to ensure compliance with European privacy standards in the United States. We use MailChimp to analyze our newsletter campaigns. When you open an email sent by MailChimp, a file included in the email (called a web beacon) connects to MailChimp’s servers in the United States. This allows us to determine if a newsletter message has been opened and which links have been clicked on. It also gathers technical information (e.g., time of retrieval, IP address, browser type, and operating system). This information cannot be assigned to a specific recipient. It is used exclusively for statistical analysis of our newsletter campaigns. The results of these analyses can be used to tailor future newsletters better to your interests. If you do not want MailChimp to analyze your usage of the newsletter, you will need to unsubscribe from the newsletter. For this purpose, we provide a link in each newsletter sent. You can also unsubscribe from the newsletter directly on the website. Data processing is based on Art. 6 (1) (a) DSGVO. You may revoke your consent at any time by unsubscribing from the newsletter. Data processed before we receive your request may still be legally processed. The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription, at which point such data will be deleted from our servers and those of MailChimp. Data we have stored for other purposes (e.g., email addresses for the members’ area) remains unaffected. For details, see the MailChimp privacy policy at https://mailchimp.com/legal/terms/.
Data Processing Agreement Conclusion
We have entered into a data processing agreement with MailChimp in which we require MailChimp to protect our customers’ data and not to disclose such data to third parties. This agreement can be viewed at the following link: https://mailchimp.com/legal/forms/data-processing-agreement/sample-agreement/. ---
7. Plugins and Tools
YouTube
Our website uses plugins from YouTube, operated by Google. The operator is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here, the YouTube server is informed about which of our pages you visited. If you are logged into your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account. YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO. Further information about the handling of user data can be found in YouTube’s data protection declaration at https://www.google.de/intl/de/policies/privacy.
