Data protection Policy

I. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection provisions is:

Marchandise Technologie GmbH
Schimmelbuschstr.27
40699 Erkrath
Germany
Tel.:+49 (0) 2104 93 20-77
E-mail:info@marchandise.de
Website:www.marchandise.de

II. Name and address of the data protection officer

The data protection officer of the controller is:

Alice König
Schimmelbuschstr.27
40699 Erkrath
Germany
Tel.:+49 (0) 2104 93 20-77
E-mail:a.koenig@marchandise.de
Website:www.marchandise.de

III. General information on data processing

1. Scope of processing of personal data

We process personal data of our users only insofar as this is necessary to provide a functional website as well as our content and services.The processing of personal data of our users takes place regularly only with the consent of the user.An exception applies in cases where prior consent is not possible for actual reasons and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.

For the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis.This also applies to processing operations necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

3. Data erasure and storage time

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies.Storage may also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject.The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion of a contract or fulfilment of the contract.

IV. Provision of the website and creation of log files

1. Description and scope of data processing

Every time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data are collected:

  • Information about the browser type and version used as well as the user’s operating system (user agent)
  • The user’s IP address
  • Date and time of access
  • Websites from which the user accesses our website
  • The address requested by the user (e.g. subpage or file)
  • The size of the response sent by the web server

The data is also stored in the log files of our system.The storage of this data together with other personal data of the user does not take place.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary in order to enable the website to be delivered to the user’s computer.For this purpose, the user’s IP address must remain stored for the duration of the session.

The storage in log files is carried out in order to ensure the functionality of the website.In addition, the data serves us to optimise the website and to ensure the security of our IT systems.An evaluation of the data for marketing purposes does not take place in this context.

These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose of their collection.In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

In case the data is stored in log files, this is the case after seven days at the latest.Further storage is possible.In this case, the IP addresses of the users are deleted or distorted, so that an assignment of the calling client is no longer possible.

5. Possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website.Consequently, there is no possibility of objecting on the part of the user.

V. E-mail contact

1. Description and scope of data processing

It is possible to contact us via the e-mail address provided.In this case, the personal data of the user transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties.The data is used exclusively for the processing of the conversation.

2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent.

The legal basis for the processing of the data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR.If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

3. Purpose of data processing

The processing of personal data from the e-mail serves us solely to process the contact.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose of their collection.For the personal data sent by e-mail, this is the case when the respective conversation with the user has ended.The conversation ends when it can be concluded from the circumstances that the facts concerned have been finally clarified.

5. Possibility of objection and removal

The user has the option of withdrawing his consent to the processing of personal data at any time.If the user contacts us by e-mail, he may object to the storage of his personal data at any time.In such a case, the conversation cannot be continued.

The answer can be explained directly as an answer within the email chain.Alternatively, you can send a separate e-mail to info@mylivingtree.de.

In this case, all personal data stored in the course of contacting us will be deleted.

VI. Rights of the data subject

The following list includes all rights of the data subject under the GDPR.Rights that have no relevance to your own website do not need to be mentioned.To this extent, the listing can be shortened.

If personal data is processed by you, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. Right of information

You can request confirmation from the controller as to whether personal data concerning you is being processed by us.

If such processing is carried out, you may request information from the controller about the following information:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) the planned duration of the storage of personal data concerning you or, if specific information is not possible, criteria for determining the storage period;

(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;

(6) the right to lodge a complaint with a supervisory authority;

(7) all available information on the origin of the data if the personal data is not collected from the data subject;

(8)The existence of automated decision-making including profiling in accordance with Art. 22 paras. 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.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation.In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.

2. Right to correction

You have a right to rectification and/or completion to the controller if the personal data processed concerning you is incorrect or incomplete.The person responsible shall make the correction without delay.

3. Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

(1) if you dispute the accuracy of the personal data concerning you for a period that allows the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you refuse the deletion of the personal data and instead request the restriction of the use of the personal data;

(3) the controller no longer needs the personal data for the purposes of the processing, but you need it to assert, exercise or defend legal claims; or

(4) If you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet determined whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the restriction of processing has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Obligation to delete

You may request from the controller that the personal data concerning you be deleted immediately, and the controller is obliged to delete this data immediately, provided that one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent, on which the processing was based in accordance with Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 para. 2 GDPR.

(4) The personal data concerning you have been processed unlawfully.

(5) The erasure of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data concerning you were collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, he shall take reasonable steps, including technical measures, taking into account available technology and the cost of implementation, to inform controllers processing the personal data that you, as a data subject, have requested erasure by them of all links to, or copy or replication of, those personal data.

c) Exceptions

The right to erasure does not exist insofar as the processing is necessary

(1) the exercise of the right to freedom of expression and information;

(2) to fulfil a legal obligation which requires processing under the law of the Union or of the Member States to which the controller is subject, or to carry out a task in the public interest or in the exercise of official authority conferred on the controller;

(3)for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;

(4) for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, insofar as the law referred to in Section (a) is likely to render impossible or seriously impair the attainment of the objectives of such processing; or

(5) to assert, exercise or defend legal claims.

5. Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed this correction or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of those recipients to the controller.

6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format.In addition, you have the right to transmit this data to another controller without hindrance by the controller to whom the personal data have been provided, provided that:

(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR; and

(2)The processing is carried out by automated means.

In exercising this right, you also have the right to obtain that the personal data concerning you are transmitted directly from one controller to another, insofar as this is technically feasible.Freedoms and rights of other persons may not be affected by this.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.

7. Right to object

You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you, which is based on Art. 6 para. 1 lit. e or f GDPR;this also applies to profiling based on these provisions.

The controller no longer processes the personal data concerning you, unless he can prove compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising;this also applies to profiling insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You may exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

8. Right to withdraw the data protection declaration of consent

You have the right to revoke your data protection declaration of consent at any time.The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

9. Automated decision-making in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on you or which similarly significantly affects you.This does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the controller,

(2) is permissible by Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or

(3) with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, place of work or the place of the alleged infringement, if you believe that the processing of personal data concerning you violates the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.