Privacy Policy
Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Confederation (Data Protection Act, DSG), every person is entitled to protection of his or her privacy and to protection against misuse of his or her personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to the Schmid-Burgos The Black Elephant GmbH.
By means of this privacy policy, our company wants to inform the public about the nature, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects are informed by means of this data protection declaration about the rights to which they are entitled. As the controller, the Schmid-Burgos The Black Elephant GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, each data subject is free to transmit personal data to us by alternative means, for example by telephone.
Definitions
The data protection declaration of the Schmid-Burgos The Black Elephant GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. In order to ensure this, we would like to explain the terms used in advance. In this privacy policy, we use the following terms, among others:
a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). A natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, to an identification number, to location data, to an online identifier or to one or more special characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person, is considered to be identifiable.
(b) data subject
The data subject is any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing
Processing is any operation carried out with or without the aid of automated procedures or any such series of operations relating to personal data such as the collection, collection, organization, ordering, storage, adaptation or modification, reading, consultation, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking , the restriction, the deletion or the destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
e) Profiling
Profiling is any type of automated processing of personal data that consists in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not assigned to an identified or identifiable natural person. become.
g) Controller or controller
The controller or controller is the natural or legal person, public authority, agency or other body that alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of such processing are specified by Union law or the law of the Member States, the controller or the specific criteria of his nomination may be provided for in accordance with Union law or the law of the Member States.
(h) Processor
Processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
(i) Recipients
The recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union law or the law of the Member States are not considered to be recipients.
(j) Third parties
Third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized under the direct responsibility of the controller or processor to process the personal data.
k) Consent
Consent is any expression of intent voluntarily given by the data subject for the particular case in an informed and unambiguous manner in the form of a declaration or other unambiguous confirming act by which the data subject indicates that he or she agrees to the processing of personal data concerning him or her.
Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is: Schmid-Burgos The Black Elephant GmbH Schützenbergstrasse 22 9053 Teufen AR Switzerland Tel.: +41794564579 E-Mail: roger.schmid@theblackelephant.ch Website: https://theblackelephant.ch
Name and address of the Data Protection Officer
The data protection officer of the controller is: Mr. Roger Schmid Schmid-Burgos The Black Elephant GmbH Schützenbergstrasse 22 9053 Teufen AR Schweiz Tel.: +41794564579 E-Mail: roger.schmid@theblackelephant.ch Website: https://theblackelephant.ch Any data subject may at any time contact our Data Protection Officer directly if he or she has any questions or suggestions regarding data protection.
SSL or TLS encryption
The website of Schmid-Burgos The Black Elephant GmbH uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator.
You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Collection of general data and information
The website of the Schmid-Burgos The Black Elephant GmbH collects a series of general data and information when a data subject or automated system calls up the website.
This general data and information is stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites, which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address) , (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert security in the event of attacks on our
information technology systems.
When using these general data and information, the Schmid-Burgos The Black Elephant GmbH does not draw any conclusions about the data subject. Rather, this information is required in order to (1) correctly deliver the contents of our website, (2) to optimize the contents of our website and the advertising for it, (3) to ensure the long-term functionality of our information technology systems and the technology of our website and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack.
Therefore, the Schmid-Burgos The Black Elephant GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Registration on our website
The data subject has the possibility to register on the website of the controller, providing personal data. Which personal data is transmitted to the controller is determined by the respective input mask used for the registration.
The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for his or her own purposes. The controller may arrange for the transfer to one or more processors, such as a parcel service provider, who also use the personal data exclusively for internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the Internet Service Provider (ISP) to the data subject, the date and time of registration is also stored. This data is stored against the background that this is the only way to prevent the misuse of our services and to make it possible, if necessary, to clarify crimes committed. In this respect, the storage of this data is necessary to secure the controller.
In principle, this data will not be passed on to third parties unless there is a legal obligation to pass it on or if the disclosure serves to prosecute. The registration of the data subject with the voluntary provision of personal data serves the controller to offer the data subject content or services that, due to the nature of the matter, can only be offered to registered users.
Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data of the controller. The controller shall provide any data subject with information at any time on request as to which personal data are stored about the data subject. Furthermore, the controller corrects or deletes personal data at the request or notice of the data subject, insofar as this does not conflict with statutory retention obligations. The entirety of the employees of the controller are available to the data subject in this context as a contact person.
Subscription to our newsletter
On the website of the Schmid-Burgos The Black Elephant GmbH, users are given the opportunity to subscribe to our enterprise’s newsletter. Which personal data is transmitted to the controller when ordering the newsletter is determined by the input mask used for this purpose.
Schmid-Burgos The Black Elephant GmbH informs its customers and business partners at regular intervals by means of a newsletter about company offers. In principle, the newsletter of our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter dispatch.
For legal reasons, the e-mail address registered by a data subject for the first time for sending the newsletter will be sent a confirmation e-mail in the double opt-in procedure. This confirmation e-mail serves to check whether the owner of the e-mail address, as the data subject, has authorized the receipt of the newsletter. When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration assigned by the Internet Service Provider (ISP) as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a registration in this regard, as could be the case in the event of changes to the newsletter offer or changes in the technical conditions. There is no transfer of the personal data collected within the framework of the newsletter service to third parties.
The subscription to our newsletter can be terminated by the data subject at any time. The consent to the storage of personal data that the data subject has given us for sending the newsletter can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is possible to unsubscribe from sending the newsletter at any time directly on the website of the controller or to inform the controller in any other way.
Newsletter-Tracking
The newsletters of Schmid-Burgos The Black Elephant GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such e-mails, which are sent in HTML format to enable a log file recording and a log file analysis. As a result, a statistical evaluation of the success or failure of online marketing campaigns can be carried out.
Based on the embedded tracking pixel, the Schmid-Burgos The Black Elephant GmbH can see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by the data subject. Such personal data collected via the tracking pixels contained in the newsletters will be stored and evaluated by the controller in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject.
This personal data will not be passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After a revocation, these personal data will be deleted by the controller. A deregistration from receiving the newsletter is automatically interpreted by Schmid-Burgos The Black Elephant GmbH as a revocation.
Contact possibility via the website
The website of the Schmid-Burgos The Black Elephant GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address).
If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data will not be passed on to third parties.
GSuite
If you send us an email, we process your relevant data with the Gsuite tool. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
The data is stored on the basis of Article 6 (1) (.b GDPR, which allows the processing of data for the fulfilment of a contract or pre-contractual measures.
Calendar booking via Calendly
This website uses Calendly.com for the online appointment offered. This site provides an external platform for making appointments. Via a script, the appointment is integrated in the source code on our website. By using the appointment, you automatically use the services of Calendly.com.
There, data is transferred for the security and documentation of ENIT Systems. The data collected includes: name, company, position, website URL, number of employees, e-mail address, telephone number, IP address at the time of making an appointment, agreed date and time.
These data will not be passed on to third parties and are only used for the administration and organization of the appointments as well as for internal statistics. By using the appointment, you agree that you agree to it. Here you can find more information from Calendly.com. Please be sure to read them. Note, however, that the site is only available in English: https://calendly.com/pages/privacy.
Contact conversations via Zoom
For video telephony, e.B. introductory call, Schmid-Burgos The Black Elephant GmbH uses the service “Zoom”, offered by the company ZOOM Video Communications Inc., San Jose Office, 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113.
To use Zoom, a web application must first be downloaded and installed. When registering, you will be asked for your name and can choose whether it should be saved for future registrations.
A recording of the conversation will only take place with your consent. The data is stored on the basis of Article 6 (1) (.b GDPR, which allows the processing of data for the fulfilment of a contract or pre-contractual measures.
We have concluded a contract with Zoom for order data processing. For more information, such as Zoom’s privacy policy and terms of use, please visit: https://zoom.us/terms.
Comment function in the blog on the website
Schmid-Burgos The Black Elephant GmbH offers users the opportunity to leave individual comments on individual blog posts on a blog located on the website of the controller.
A blog is a portal maintained on a website, usually publicly available, in which one or more people, who are called bloggers or web bloggers, can post articles or write down thoughts in so-called blog posts.
The blog posts can usually be commented on by third parties. If a data subject leaves a comment in the blog published on this website, in addition to the comments left by the data subject, information on the time of the comment entry and on the user name (pseudonym) chosen by the data subject will be stored and published.
Furthermore, the IP address assigned by the Internet Service Provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons and in the event that the data subject violates the rights of third parties or posts illegal content by making a comment. The storage of this personal data is therefore in the controller’s own interest, so that he could possibly exculpate himself in the event of a violation of the law.
This personal data will not be passed on to third parties unless such disclosure is required by law or serves the legal defence of the controller.
Subscription of comments in the blog on the website
The comments made in the blog of Schmid-Burgos The Black Elephant GmbH can in principle be subscribed to by third parties. In particular, there is a possibility that a commenter will subscribe to the comments following his comment on a particular blog post.
If a data subject chooses the option of subscribing to comments, the controller will send an automatic confirmation e-mail to check in the double opt-in procedure whether the owner of the e-mail address provided has really opted for this option. The option to subscribe to comments can be terminated at any time.
Routine deletion and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or if this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject. If the purpose of storage is omitted or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
Rights of the data subject
a) Right to confirmation
Each data subject has the right granted by the European legislator to request confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to make use of this right of confirmation, he or she may at any time contact any employee of the controller.
b) Right to information
Each person affected by the processing of personal data has the right granted by the European legislator to obtain at any time from the controller free information about the personal data stored about him and a copy of this information. Furthermore, the European legislator has granted the data subject information on the following information:
o the processing purposes
o the categories of personal data that are processed
o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
o if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
o the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
o the existence of a right of appeal to a supervisory authority
o if the personal data are not collected from the data subject: all available information on the origin of the data
o the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) GDPR and — at least in these cases — meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject
Furthermore, the data subject has a right to information as to whether personal data has been transmitted to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate guarantees in connection with the transfer. If a data subject wishes to make use of this right to information, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary declaration. If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Each data subject shall have the right granted by the European legislator to request from the controller that the personal data concerning him or her be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
o The personal data were collected for such purposes or otherwise processed for which they are no longer necessary.
o The data subject revokes his consent on which the processing was based in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR, and there is no other legal basis for the processing.
o The data subject objects to the processing in accordance with Article 21 (1) GDPR, and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in accordance with Article 21 (2) GDPR.
o The personal data was processed unlawfully.
o The deletion of personal data is necessary for the fulfilment of a legal obligation under Union law or the law of the Member States to which the controller is subject.
o The personal data were collected in relation to the services offered by the information society in accordance with Article 8 (1) GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Schmid-Burgos The Black Elephant GmbH, he or she may at any time contact any employee of the controller. An employee of Schmid-Burgos The Black Elephant GmbH shall promptly ensure that the erasure request is complied with immediately.
If the personal data of Schmid-Burgos The Black Elephant GmbH has been made public and our company, as the controller, is obliged to delete the personal data in accordance with Art. 17 para. 1 GDPR, Schmid-Burgos The Black Elephant GmbH takes appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to enable other data controllers to be responsible for data processing. to inform those who process the published personal data that the data subject has requested from these other data controllers the deletion of all links to such personal data or of copies or replications of such personal data, insofar as the processing is not necessary. An employees of the Schmid-Burgos The Black Elephant GmbH will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Each data subject shall have the right granted by the European legislator to require the controller to restrict processing if one of the following conditions is met:
o The accuracy of the personal data is disputed by the data subject, for a period that allows the controller to verify the accuracy of the personal data.
o The processing is unlawful, the data subject refuses to delete the personal data and instead requests the restriction of the use of the personal data.
o The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
o The data subject has objected to the processing pursuant to Article 21(1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Schmid-Burgos The Black Elephant GmbH, he or she may at any time contact any employee of the controller. The employee of the Schmid-Burgos The Black Elephant GmbH will arrange the restriction of the processing.
f) Right to data portability
Each data subject has the right granted by the European legislator to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format.
It also has the right to transfer this data to another controller without hindrance by the controller to whom the personal data has been provided, provided that the processing is based on consent in accordance with Article 6 (1) letter a GDPR or Article 9 (2) letter a GDPR or on a contract pursuant to Article 6 (1) (b) GDPR and the processing is carried out using automated procedures. , provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising his or her right to data portability pursuant to Article 20 (1) GDPR, the data subject has the right to obtain that the personal data are transmitted directly from one controller to another controller, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons. In order to assert the right to data portability, the data subject may at any time contact any employee of the Schmid-Burgos The Black Elephant GmbH.
g) Right to object
Every data subject has the right granted by the European legislator to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her on the basis of Article 6(1)(e) or (f) GDPR.
This also applies to profiling based on these provisions. The Schmid-Burgos The Black Elephant GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Schmid-Burgos The Black Elephant GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data for such marketing. This also applies to profiling insofar as it is related to such direct advertising.
If the data subject objects to the Schmid-Burgos The Black Elephant GmbH to the processing for direct marketing purposes, the Schmid-Burgos The Black Elephant GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Schmid-Burgos The Black Elephant GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Schmid-Burgos The Black Elephant GmbH. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.
h) Automated decisions in individual cases including profiling
Each data subject shall have the right granted by the European legislator not to be subjected to a decision based solely on automated processing, including profiling, which has legal effect on him or which similarly significantly affects him or her, provided that the decision (1) is not intended to conclude or fulfil a contract between the P concerned. or (2) is permitted by Union or Member State legislation to which the controller is subject, or (2) contains appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is carried out with the data subject’s express consent.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Schmid-Burgos The Black Elephant GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller , on presentation of one’s own point of view and on appeal of the decision.
If the data subject wishes to assert rights with regard to automated decisions, he or she may at any time contact any employee of the controller.
i) Right to revoke data protection consent
Each person affected by the processing of personal data has the right granted by the European legislator to revoke consent to the processing of personal data at any time. If the data subject wishes to exercise his or her right to withdraw consent, he or she may, at any time, contact any employee of the controller.
Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application process. The processing can also be carried out electronically.
This is particularly the case if an applicant submits corresponding application documents to the controller by electronic means, for example by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions.
If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the controller. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
Social media: Share content via plugins (Facebook, LinkedIn, Xing, Twitter & Co.)
The content on our pages can be shared in social networks such as Facebook, Twitter or LinkedIn in compliance with data protection regulations. This site uses the Shariff Wrapper. This tool establishes direct contact between the networks and users only when the user actively clicks on one of these buttons. An automatic transfer of user data to the operators of these platforms does not take place through this tool. If the user is logged in to one of the social networks, an information window appears when using the social buttons of Facebook, LinkedIn, Twitter & Co., in which the user can confirm the text before sending it. Our users can share the contents of this site in social networks in compliance with data protection regulations without complete surfing profiles being created by the operators of the networks.
Social media: Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the company Facebook. Facebook is a social network. A social network is a social meeting place operated on the Internet, an online community that usually allows users to communicate with each other and interact in virtual space.
A social network can serve as a platform for the exchange of opinions and experiences or allows the Internet community to provide personal or business-related information.
Facebook enables users of the social network, among other things, to create private profiles, upload photos and network via friend requests. The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA.
The controller for the processing of personal data is, if a data subject lives outside the USA or Canada, the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Each time one of the individual pages of this website is accessed, which is operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component of Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE.
As part of this technical procedure, Facebook receives information about which specific subpage of our website is visited by the data subject. If the data subject is logged in to Facebook at the same time, Facebook recognizes with each call-up to our website by the data subject and during the entire duration of the respective stay on our website, which specific subpage of our website the data subject visits. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject activates one of the Facebook buttons integrated on our website, for example the “Like” button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores this personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is simultaneously logged in to Facebook at the time of accessing our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of this information to Facebook is not wanted by the data subject, the data subject can prevent the transmission by logging out of his Facebook account before calling up our website. The data policy published by Facebook, which can be accessed under https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook.
Furthermore, it explains which setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
On this website, the controller has integrated components of LinkedIn Corporation. LinkedIn is an Internet-based social network that enables users to connect to existing business contacts as well as to make new business contacts.
Over 400 million registered people use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world. The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA.
For data protection matters outside the USA, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible. For each individual retrieval of our website, which is equipped with a LinkedIn component (LinkedIn plug-in), this component causes the browser used by the data subject to download a corresponding representation of the LinkedIn component. Further information on the LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins.
As part of this technical procedure, LinkedIn receives information about which specific subpage of our website is visited by the data subject. If the data subject is logged in to LinkedIn at the same time, LinkedIn recognizes with each call-up to our website by the data subject and during the entire duration of the respective stay on our website, which specific subpage of our website the data subject visits. This information is collected by the LinkedIn component and assigned by LinkedIn to the respective LinkedIn account of the data subject. If the data subject activates a LinkedIn button integrated on our website, LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores this personal data.
LinkedIn always receives information via the LinkedIn component that the data subject has visited our website if the data subject is simultaneously logged in to LinkedIn at the time of accessing our website; this takes place regardless of whether the data subject clicks on the LinkedIn component or not. If such a transmission of this information to LinkedIn is not desired by the data subject, the data subject can prevent the transmission by logging out of his Or Her LinkedIn account before accessing our website.
LinkedIn offers under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads as well as to manage ad settings. LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame, which can set cookies. Such cookies can be rejected under https://www.linkedin.com/legal/cookie-policy. The applicable data protection provisions of LinkedIn are available at https://www.linkedin.com/legal/privacy-policy. LinkedIn’s Cookie Policy is available at https://www.linkedin.com/legal/cookie-policy.
Social media: Data protection provisions about the application and use of Twitter
The controller has integrated components of Twitter on this website. Twitter is a multilingual publicly accessible microblogging service on which users can publish and distribute so-called tweets, i.e. short messages limited to 280 characters. These short messages are available to everyone, including people who are not logged in to Twitter.
The tweets are also displayed to the so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. In addition, Twitter enables a broad audience to be addressed via hashtags, links or retweets. Twitter is operating company Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.
Each time you visit one of the individual pages of this website, which is operated by the controller and on which a Twitter component (Twitter button) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Twitter component to download a representation of the corresponding Twitter component of Twitter.
Further information on the Twitter buttons can be found at https://about.twitter.com/de/resources/buttons. As part of this technical procedure, Twitter receives information about which specific subpage of our website is visited by the data subject. The purpose of the integration of the Twitter component is to enable our users to redistribute the content of this website, to make this website known in the digital world and to increase our visitor numbers.
If the data subject is logged in to Twitter at the same time, Twitter recognizes with each call-up to our website by the data subject and during the entire duration of the respective stay on our website, which specific subpage of our website the data subject visits. This information is collected by the Twitter component and assigned by Twitter to the respective Twitter account of the data subject. If the data subject activates one of the Twitter buttons integrated on our website, the data and information transmitted with it will be assigned to the personal Twitter user account of the data subject and stored and processed by Twitter.
Twitter always receives information via the Twitter component that the data subject has visited our website if the data subject is logged in to Twitter at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Twitter component or not. If such a transmission of this information to Twitter is not wanted by the data subject, the person concerned can prevent the transmission by logging out of his Twitter account before calling up our website. The applicable data protection provisions of Twitter are available at https://twitter.com/privacy?lang=de.
Social media: Data protection provisions about the application and use of Xing
The controller has integrated components of Xing on this website. Xing is an Internet-based social network that enables users to connect to existing business contacts and make new business contacts.
The individual users can create a personal profile of themselves at Xing. For example, companies can create company profiles or publish job offers on Xing. The operating company of Xing is XING SE, Dammtorstrasse 30, 20354 Hamburg, Germany.
Each time you visit one of the individual pages of this website, which is operated by the controller and on which an Xing component (Xing plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Xing component to download a representation of the corresponding Xing component of Xing.
Further information on the Xing plug-ins can be found at https://dev.xing.com/plugins. As part of this technical procedure, Xing receives information about which specific subpage of our website is visited by the data subject. If the data subject is logged in to Xing at the same time, Xing recognizes with each call-up to our website by the data subject and during the entire duration of the respective stay on our website, which specific subpage of our website the data subject visits.
This information is collected by the Xing component and assigned by Xing to the respective Xing account of the data subject. If the data subject activates one of the Xing buttons integrated on our website, for example the “Share” button, Xing assigns this information to the personal Xing user account of the data subject and stores this personal data. Xing always receives information via the Xing component that the data subject has visited our website if the data subject is simultaneously logged in to Xing at the time of accessing our website; this takes place regardless of whether the data subject clicks on the Xing component or not.
If such a transmission of this information to Xing is not desired by the data subject, the data subject can prevent the transmission by logging out of his or her Xing account before accessing our website. The data protection provisions published by Xing, which are available at https://www.xing.com/privacy, provide information about the collection, processing and use of personal data by Xing. In addition, Xing has published https://www.xing.com/app/share?op=data_protection data protection information for the XING share button.
Social media: Data protection provisions about the application and use of YouTube
The controller has integrated components of YouTube on this website. YouTube is an Internet video portal that allows video publishers to post video clips free of all and other users to view, evaluate and comment on them free of all.
YouTube allows the publication of all types of videos, which is why complete film and television broadcasts, as well as music videos, trailers or videos made by users themselves can be accessed via the Internet portal. The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Each time you visit one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. More information about YouTube can be found at https://www.youtube.com/yt/about/de/.
As part of this technical procedure, YouTube and Google receive information about which specific subpage of our website is visited by the data subject. If the data subject is logged in to YouTube at the same time, YouTube recognizes by calling up a subpage containing a YouTube video which specific subpage of our website the data subject is visiting.
This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject. YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is simultaneously logged in to YouTube at the time of accessing our website; this takes place regardless of whether the data subject clicks on a YouTube video or not.
If such a transmission of this information to YouTube and Google is not desired by the data subject, the data subject can prevent the transmission by logging out of his Or her YouTube account before accessing our website. The data protection provisions published by YouTube, which can be accessed under https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
Analysis tools and advertising: Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. The storage of Google Analytics cookies takes place on the basis of Art. 6 para. 1 lit. f DSGVO.
The website operator has a legitimate interest in the analysis of user behavior in order to optimize both its website and its advertising. We have activated the IP anonymization function on this website. As a result, your IP address 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 before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent the collection of your data on future visits to this website: Disable Google Analytics. More information on the handling of user data by Google Analytics can be found in Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.
We have concluded a contract with Google for order data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
The website of Schmid-Burgos The Black Elephant GmbH uses the “demographic characteristics” function of Google Analytics. This allows reports to be created that contain statements about the age, gender and interests of the site visitors. This data comes from interest-based advertising by Google as well as from visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google Account or generally prohibit the collection of your data by Google Analytics as shown in the point “Objection to data collection”.
Analysis tools and advertising: Google Analytics Remarketing
Our websites use the functions of Google Analytics Remarketing in conjunction with the cross-device functions of Google AdWords and Google DoubleClick. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
This function makes it possible to link the advertising target groups created with Google Analytics Remarketing with the cross-device functions of Google AdWords and Google DoubleClick. In this way, interest-based, personalized advertising messages that have been adapted to you depending on your previous usage and surfing behavior on one device (e.B. mobile phone) can also be displayed on another of your devices (e.B. tablet or PC). If you have given your consent, Google links your web and app browsing history to your Google Account for this purpose. In this way, on any device on which you log in with your Google account, the same personalized advertising messages can be placed.
To support this feature, Google Analytics collects Google-authenticated user IDs that are temporarily linked to our Google Analytics data to define and create audiences for cross-device ad advertising. You can permanently object to cross-device remarketing/targeting by disabling personalized advertising in your Google account; follow this link: https://www.google.com/settings/ads/onweb/.
The summary of the collected data in your Google Account is based exclusively on your consent, which you can submit or revoke to Google (Art. 6 para. 1 lit. a DSGVO). In the case of data collection processes that are not merged into your Google Account (e.B. because you do not have a Google account or have objected to the merging), the collection of data is based on Article 6 (1) (f) GDPR. The legitimate interest results from the fact that the website operator has an interest in the anonymous analysis of website visitors for advertising purposes. Further information and the privacy policy can be found in Google’s privacy policy at: https://www.google.com/policies/technologies/ads/.
Analysis tools and advertising: Google AdWords and Google Conversion Tracking
The website of Schmid-Burgos The Black Elephant GmbH uses Google AdWords. AdWords is an online advertising program of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”).
As part of Google AdWords, we use so-called conversion tracking. If you click on an ad placed by Google, a cookie is set for conversion tracking. Cookies are small text files that the Internet browser deposits on the user’s computer. These cookies lose their validity after 30 days and are not used for the personal identification of users. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognize that the user has clicked on the ad and has been redirected to this page.
Each Google AdWords customer receives a different cookie. The cookies cannot be tracked through the websites of AdWords customers. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you do not receive any information with which users can be personally identified. If you do not wish to participate in tracking, you can object to this use by slightly deactivating the Google Conversion Tracking cookie via your Internet browser under User Settings. They are then not included in the conversion tracking statistics.
The storage of “conversion cookies” is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the analysis of user behavior in order to optimize both its website and its advertising.
More information about Google AdWords and Google conversion tracking can be found in Google’s privacy policy: https://www.google.de/policies/privacy/.
You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. When disabling cookies, the functionality of this website may be limited.
Analysis tools and advertising: Google reCAPTCHA
We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on our websites. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
ReCAPTCHA is intended to check whether the data entry on our websites (e.B. in a contact form) is carried out by a human being or by an automated program. For this purpose, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For analysis, reCAPTCHA evaluates various information (e.B IP address, length of stay of the website visitor on the website or mouse movements made by the user). The data collected during the analysis is forwarded to Google.
The reCAPTCHA analyses run completely in the background. Website visitors are not advised that an analysis is taking place.
The data processing takes place on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in protecting its websites from abusive automated spying and SPAM.
For more information about Google reCAPTCHA and Google’s privacy policy, please refer to the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html.
Payment method: Data protection provisions on PayPal as a payment method
On this website, the controller has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which are virtual private or business accounts. In addition, PayPal offers the option of processing virtual payments via credit cards if a user does not have a PayPal account.
A PayPal account is managed via an e-mail address, which is why there is no classic account number. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also assumes fiduciary functions and offers buyer protection services. The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the data subject selects “PayPal” as a payment option during the ordering process in our online shop, data of the data subject is automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transfer of personal data required for payment processing. The personal data transmitted to PayPal are usually first name, last name, address, email address, IP address, telephone number, mobile phone number or other data necessary for payment processing.
For the processing of the purchase contract, such personal data that are in connection with the respective order are also necessary. The transmission of the data is intended for payment processing and fraud prevention. The controller will transmit personal data PayPal in particular if there is a legitimate interest in the transfer. The personal data exchanged between PayPal and the controller may be transmitted by PayPal to credit agencies. This transmission aims at identity and credit check. PayPal may pass on the personal data to affiliated companies and service providers or subcontractors, insofar as this is necessary to fulfil the contractual obligations or if the data is to be processed on behalf of the contract.
The data subject has the possibility to revoke his or her consent to the handling of personal data at any time vis-à-vis PayPal. A revocation does not affect personal data, which must necessarily be processed, used or transmitted for (contractual) payment processing. The applicable data protection provisions of PayPal can be accessed under https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Payment method: Data protection provisions for Sofortüberweisung as payment method
The controller has integrated components of Sofortüberweisung on this website. Sofortüberweisung is a payment service that allows cashless payment of products and services on the Internet. Sofortüberweisung represents a technical procedure by which the online merchant immediately receives a payment confirmation. This enables a retailer to deliver goods, services or downloads to the customer immediately after ordering. The operating company of Sofortüberweisung is SOFORT GmbH, Fussbergstrasse 1, 82131 Gauting, Germany.
If the data subject selects “Sofortüberweisung” as a payment option during the ordering process in our online shop, data of the data subject is automatically transmitted to Sofortüberweisung. By selecting this payment option, the data subject consents to a transfer of personal data required for payment processing. When processing the purchase via Sofortüberweisung, the buyer transmits the PIN and the TAN to Sofort GmbH. Sofortüberweisung then makes a transfer to the online merchant after technical checking the account balance and retrieval of further data to check the account coverage. The execution of the financial transaction is then automatically communicated to the online retailer.
The personal data exchanged with Sofortüberweisung are first name, last name, address, email address, IP address, telephone number, mobile phone number or other data necessary for payment processing. The transmission of the data is intended for payment processing and fraud prevention. The controller will transmit sofortüberweisung other personal data even if there is a legitimate interest in the transfer. The personal data exchanged between Sofortüberweisung and the controller may be transmitted by Sofortüberweisung to credit agencies. This transmission aims at identity and credit check. Sofortüberweisung may pass on the personal data to affiliated companies and service providers or subcontractors, insofar as this is necessary to fulfil the contractual obligations or if the data is to be processed on behalf of the contract.
The data subject has the possibility to revoke his or her consent to the handling of personal data at any time vis-à-vis Sofortüberweisung. A revocation does not affect personal data, which must necessarily be processed, used or transmitted for (contractual) payment processing. The applicable data protection provisions of Sofortüberweisung can be accessed under https://www.sofort.com/ger-DE/datenschutzerklaerung-sofort-gmbh/.
Legal basis of the processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Article 6 I lit.b GDPR.
The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as the fulfilment of tax obligations, the processing is based on Article 6 I lit.c GDPR.
In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third parties. The processing would then be based on Article 6 I(d) GDPR.
Ultimately, processing operations could be based on Article 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are particularly permitted to deal with such processing operations because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 GDPR).
Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the execution of our business activities for the benefit of the well-being of all our employees and our shareholders.
Duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data will be routinely deleted if they are no longer necessary for the performance of the contract or the initiation of the contract.
Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provisioning
We inform you that the provision of personal data is partly required by law (e.B. tax regulations) or may also result from contractual regulations (e.B. information about the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee informs the person concerned on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the non-provision of the personal data would have.
Existence of automated decision-making
As a responsible company, we refrain from automatic decision-making or profiling.
This privacy policy was created by the privacy policy generator of Cancellarius AG ( http://www.cancellarius.ch ) Switzerland in close cooperation with the DGD Deutsche Gesellschaft für Datenschutz GmbH and supplemented by the additional solutions used.
This privacy policy has been translated from German into English with Microsoft Translator. In the event of unclear, contradictory or confusing wording, the German version applies.