Safety Information

Data protection statement
 

1. General information
We take the protection of your personal data very seriously. Data will be "processed" by us in accordance with the applicable statutory data protection regulations as of 25.05.2018 in particular in accordance with the European General Data Protection Regulation (hereinafter referred to as GDPR) and the country-specific data protection regulations. "Processing" is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Below, we inform you about the processing of your data, in particular about the type, scope and purpose of the collection and use of your personal data when you visit our website and use our offers and services, as well as the corresponding legal bases of individual processing operations. In addition, we explain to you which rights you are entitled to with regard to data processing in the context of our data protection declaration.

"Personal data" includes all information relating to an identified or identifiable natural person; a natural person is regarded as identifiable, if he/she can be directly or indirectly identified, especially by means of association with an identifier such as a name, with an identification number, with location data, with an online ID or with one or several special features reflecting the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.


2. The body responsible for data processing
As the provider of our Internet services, we are the body responsible for data processing. You can reach us using the following contact details:

AS Aktuell AG
Luxemburger Straße 15
D-53842 Troisdorf
Phone: +49(0)2241/2588355
Fax: +49(0)2241/2588388
E-mail: info [at] as-aktuell.de


Data protection officer:

Phone: +49(0)2241/2588351
Fax: +49(0)2241/2588388
E-mail: datenschutzbeauftragter [at] as-aktuell.de


3. Processing your data
The type, scope and purpose of processing your data differ depending on whether you only visit our website or make use of services offered by us:

a) Visiting our website

When you visit our website, the server stores data in so-called server log files, which your Internet browser automatically transmits to the server, in particular:

•    Date and time of your visit to one of our webpages
•    Your browser type and the respective version of the browser
•    The operating system used
•    The page you last visited (so-called referrer URL)
•    The amount of data transferred and the access status (file transferred, file not found, etc.) and
•    Your IP address and the requesting provider.

This data is processed in order to enable you to use the webpages you have accessed for statistical purposes, to improve our Internet offer and for protection against illegal cyber attacks, and to exercise, assert or defend legal claims. Your IP address will only be stored for as long as is necessary to exercise, enforce or defend legal rights and for protection against possible cyber attacks and to provide law enforcement authorities with information necessary for law enforcement.

The above-mentioned data will be processed separately from all personal data that you provide to us when you visit our website and/or use a service, and will never be merged.

As of 25.05.2018, this data processing described above has its legal basis in Article 6 paragraph 1 letter b) of the GDPR for the implementation of necessary pre-contractual measures to enable you to use the webpages you have accessed. Insofar as the above data is processed for statistical purposes, to improve our Internet offer, for protection against illegal cyber attacks or to exercise, assert or defend legal claims, this will take place as of 25.05.2018 on the legal basis of Art. 6 para. 1 letter f) of the GDPR. Our justified interest for this data processing lies in the evaluation of data for the improvement of our Internet offer, in order to exercise, assert or ward off legal claims if necessary and in protecting our systems against illegal cyber attacks and to enable law enforcement authorities to carry out law enforcement if necessary.

b) Processing of personal data when using the services offered by us:

Personal data will only be processed by us if this is permitted by law or if you consent to the processing of your personal data.


If you wish to make use of the services offered by us on our website, such as ordering goods, providing services, ordering vouchers or newsletters, you must provide further personal data. We process your personal data for the above purposes as of 25.05.2018 on the legal basis of Article 6 paragraph 1 letter b) of the GDPR in order to fulfil a contract with you or to carry out necessary pre-contractual measures which take place on your request. The purpose of processing your personal data is, therefore, for example, to process enquiries, to deliver ordered goods to you, to provide the desired service, to process an order for a voucher or to send you the newsletter you requested or to enable you to use our blog and comment functions. We cannot conclude a contract with you and we cannot provide the services offered without the provision of personal data.
 
In addition, we process your data for the purpose of exercising, asserting or defending any legal claims arising from the contractual relationship and, if necessary, for the purpose of enabling law enforcement authorities to carry out law enforcement. As of 25.05.2018, data processing as stated above will take place on the legal basis of Art. 6 para. 1 letter f) of the GDPR or partly on Art. 6 para. 1 letter c) of the GDPR in order to comply with any legal obligation to which we are subject. Our legitimate interest in this data processing lies in being able to exercise, assert or defend any legal claims arising from the contractual relationship and to enable the law enforcement authorities to carry out law enforcement if necessary.

We also process your personal data for the purpose of complying with our statutory storage obligations. The legal basis for the fulfilment of our legal storage obligations is standardised as of 25.05.2018 in Article 6 paragraph 1 letter c) of the GDPR.

Your data will be passed on to our supporting service providers, who we have of course carefully selected for the fulfilment of the contract or for the implementation of necessary pre-contractual measures, which take place at your request. These may be technical service providers or service providers who support us in shipping, payment processing or accounting. As of 25.05.2018, your personal data will be passed on to service providers supporting us either on the legal basis of Article 6 paragraph 1 b) of the GDPR for the fulfilment of a contract to which the person concerned is a party, or for the implementation of pre-contractual measures or on the basis of an orderly contract for processing, which fulfils the requirements of Article 28 of the GDPR.

We also reserve the right to add external content from third-party providers (e.g. YouTube videos, external map services, external graphics, etc.) onto our webpages.

If you call up and use these third-party contents on our webpages, your IP address (also from 25.05.2018 on the legal basis of Article 6 paragraph 1 letter b) of the GDPR) will be forwarded to the third-party providers so that the content you call up can be sent from the third-party provider to your browser. The transmission of your IP address to these third-party providers is, therefore, absolutely necessary in order to send the retrieved content to the browser of your end device. The processing of your data by the provider of the third-party content is subject to their data protection provisions. We


do not use any third-party tools that use so-called "tracking mechanisms" without your express consent. "Tracking mechanisms" are technologies,
which make it possible to trace the behaviour of persons concerned on the Internet and to create user profiles.

Otherwise, your personal data will only be passed on to other third parties if we are legally obliged to do so (e.g. to authorities in order to clarify cyber attacks and any criminal offences committed or to tax offices in order to comply with tax obligations or to courts in the event of legal disputes) as of 25.05.2018 on the legal basis of Article 6 paragraph 1 letter c) of the GDPR, as well as to lawyers and tax consultants on the legal basis of Article 6 paragraph 1 letter c) of the GDPR or Article 6 paragraph 1 letter f) of the GDPR. Our legitimate interest in passing on your data to lawyers lies in exercising, asserting or defending legal claims. Our legitimate interest in passing on your data to external tax advisers lies in being able to fulfil our tax obligations properly.

In addition, we will not disclose your personal data to third parties without your express consent.

Mandatory data required by us can be seen in the input template during the registration or ordering process. Further information which is not absolutely necessary for the purposes described above can be provided voluntarily; it is marked accordingly by us when collecting data within the framework of the registration or ordering process.


4. Use of cookies
We use so-called "cookies" on our website. Cookies are small text files that are sent from our web server to your browser during your visit to our website and stored on your device (e.g. PC, Smartphone, Tablet) by it for a limited time for various purposes. Information about the use of cookies on our website is given by us below:

For our website to fully function and for technical reasons, the use of cookies may be necessary so that your device can still be identified during a visit to our website when changing from one of our websites to another (so-called "session cookies").

In addition, we reserve the right to use so-called "permanent cookies" so that you can use our website more effectively. Permanent cookies allow us to recognise your device when you visit our website again and to store information about your last visit (e.g. your preferred language or other settings). We only use permanent cookies, which are automatically deleted after 12 months at the latest.

The above-mentioned cookies may also be used by third party providers of tools which we use on our website, in particular, for statistical and analytical purposes. We will only use third-party tools with privacy-friendly settings. Without your prior explicit consent, we will, therefore, not use any so-called "targeting cookies" on our website, which make it possible to trace the behaviour of persons concerned on the Internet and to create user profiles. If we use third-party tools, we will inform you about the use, functionality and further details of the respective tools under Section 15 of this Privacy Policy.

The cookies described above will be used as of 25.05.2018 on the legal basis of Article 6 paragraph 1 letter f) of the GDPR. Our legitimate interest in using these cookies is to enable our customers and users of our website to use our services more effectively and to analyse and improve our website.

You can change your browser settings to determine whether or not cookies can be stored and retrieved. In your browser, you can deactivate cookie storage altogether, restrict it to certain websites, or configure your browser so that it will automatically notify you when a cookie is set and subsequently ask you for confirmation. You can also set your browser so that cookies are automatically deleted when you close your browser. Finally, you may be able to activate a Do-Not-Track ("DNT") feature in your browser so that you are not automatically tracked by any web analytics tool that may be in use. Information about the configuration of your browser settings can be found in the help function of your respective Internet browser.


5. Storage and deletion periods for personal data
If the purpose for which your personal data is processed is no longer applicable, personal data processed by us will be routinely deleted or blocked unless you have consented to the permanent storage of your personal data.

If individual data has to be stored after the purposes of processing have ceased to apply due to legal storage periods (e.g. tax and commercial storage regulations), this data will be blocked instead of being deleted. Data to be kept may then only be processed on the legal basis of Article 6 para. 1 letter c) of the GDPR for the aforementioned purposes.


6. Your rights as a data subject of data processing
You have the rights described below at all times:

•    Right to confirmation and information concerning personal data processed by us pursuant to Article 15 of the GDPR
•    Right to rectification of your personal data pursuant to Article 16 of the GDPR
•    Right to deletion of your personal data ("right to be forgotten") pursuant to Article 17 of the GDPR
•    Right to limit the processing of your personal data pursuant to Article 18 of the GDPR
•    Right to data transferability of your personal data pursuant to Article 20 of the GDPR
•    Pursuant to Article 22 of the GDPR, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

Please send us your request using the contact details given in Section 2 of this data protection declaration.


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7. Right of objection
You have the right to object at any time to the processing of personal data concerning you on the basis of Article 6 paragraph 1 letter e) or f) of the GDPR as of 25.05.2018 for reasons arising from your particular situation, including profiling based on these provisions.

We will then no longer process your personal information, unless we can demonstrate compelling legitimate grounds for their processing that outweigh your interests, rights and freedoms, or processing is intended to assert, exercise or defend legal claims.

Where personal data is processed for direct marketing purposes, you shall have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising, including profiling in so far as it is related to such direct marketing.

Moreover, you have the right to object to the processing of personal data relating to you for scientific or historical research purposes or for statistical purposes in accordance with Article 89  para. 1 of the GDPR for reasons arising from your particular situation, unless such processing is necessary for the performance of a task in the public interest. If you object to processing for direct marketing purposes, personal data will no longer be processed for these purposes.
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8. Right of revocation of consent
You can revoke any consent you have expressly given us under data protection law at any time with effect for the future. The legality of processing carried out on the basis of consent until revocation is not affected.


9. Complaint about breaches of data protection with the supervisory authorities
If you are of the opinion that your data protection rights are being violated, you can contact the supervisory authority of your federal state or the federal state of our company headquarters. If a complaint concerns a company whose registered office is in another federal state, the supervisory authority will forward the complaint to the competent supervisory authority there.


10. Notification obligation regarding rectification or erasure of personal data or restriction of processing
We notify all recipients whose personal data has been disclosed of any rectification or erasure of personal data or of any limitation of processing under Articles 16, 17 para. 1 and 18 of the GDPR, unless this proves impossible or involves a disproportionate effort. We will inform you of the recipients if you so request.


11. Legal or contractual provisions relating to the provision of personal data and information on the necessity for the conclusion of the contract and on the obligation of the data subject to provide personal data and the possible consequences of non-availability:

As described above, we collect and process your personal data in particular for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures at the request of the data subject. The provision of personal data is, therefore, contractually stipulated for this purpose. In some cases, the disclosure of personal data in the conclusion of contracts (e.g. for invoices) is also required by law due to tax and/or commercial law regulations. If you do not provide us with any personal data, this will mean that we will not be able to conclude a contract with you and/or answer your enquiries.
To the extent that your personal data is processed on the basis of a legitimate interest pursuant to Art. 6 para. 1 letter f) of the GDPR, the provision of your data for these purposes is neither contractually nor legally prescribed. The details of data processing on the basis of a legitimate interest can be found using the above information in the relevant places. If you do not provide us with personal data for these purposes, you may not be able to use our website in full or at all.  


12. Automated individual decision-making including profiling
We do not use automated decision-making, including profiling pursuant to Article 22 para. 1 and 4 of the GDPR.


13. Data security
We use technical and organisational security measures to protect the processing of personal data, in particular, against accidental or intentional manipulation, loss, destruction or against attacks by unauthorised persons. Our security measures are continuously improved to meet state-of-the-art requirements.


14. Questions/comments
If you have any questions or comments regarding this data protection declaration or data protection in general, please feel free to contact us using the address given in Section 2 of this Privacy Policy.


15. The use of third-party tools and content
If we use tools (programs) and content of third parties on our website that use permanent cookies for statistical or analytical purposes and/or process your IP address and/or other personal data, you will find information below about these tools and content and how they work:

a) Notes on 1&1 web analytics:

When you visit our website, our provider, 1&1 Internet SE, Elgendorfer Str. 57, 56410 Montabaur, temporarily saves each access in a log file, whereby the IP address is evaluated only after attacks on the provider's network infrastructure. In doing so, personal user profiles are not created.

1&1 collects information in order to provide better services to all 1&1 users.
In 1&1 web analytics, data is collected exclusively for the automated creation of anonymous statistics and for the technical optimisation of the website.
We have compiled a list of data collected for you:

    Referrer (previously visited website)
    Requested website or file
    Browser type and browser version
    Operating system used
    Type of device used
    Time of access
    IP address (only used anonymously to determine the location of access)


Privacy Policy as of 25.05.2018

© 2018 Attorney at Law Jens Reininghaus, Cologne

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Luxemburger Str. 15, 53842 Troisdorf

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