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Privacy of our company

LEGAL

PRIVACY STATEMENT I. Name and address of the responsible person The responsible party 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 regulations is:

MARCHANDISE Technologie GmbH Schimmelbuschstr. 27 40699 Erkrath Germany Phone: +49 (0) 210493 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 data controller is:

Alice König Schimmelbuschstr. 27 40699 Erkrath Germany Phone: +49 (0) 210493 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 As a matter of principle, we process personal data of our users only insofar as this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly carried out only with the consent of the user. An exception applies in those cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by legal regulations.

  2. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA Insofar as we obtain the consent of the data subject for processing operations of personal data, Art.6 para.1 lit.a EU Data Protection Regulation (DSGVO) serves as the legal basis.

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

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

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

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

  1. DELETION OF DATA AND STORAGE PERIOD. The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

IV. Provision of the website and creation of log files

  1. DESCRIPTION AND SCOPE OF DATA PROCESSING Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected in this process:

Information about the browser type and version used, as well as the user's operating system (user agent). The IP address of the user Date and time of access Websites from which the user accessed our website The address requested by the user (e.g. subpage or file) The size of the response sent by the web server This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

  1. LEGAL BASIS FOR DATA PROCESSING The legal basis for the temporary storage of the data and the log files is Art.6 para.1 lit.f DSGVO.

  2. PURPOSE OF DATA PROCESSING The temporary storage of the IP address by the system is necessary to enable delivery of the website 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 done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

In these purposes also lies our legitimate interest in data processing according to Art.6 Abs.1 lit.f DSGVO.

  1. DURATION OF STORAGE The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. 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 the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

  1. POSSIBILITY OF OBJECTION AND ELIMINATION The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection 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 user's personal data 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 processing the conversation.

  1. LEGAL BASIS FOR DATA PROCESSING The legal basis for the processing of the data is Art.6 para.1 lit.a DSGVO if the user has given his consent.

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

  1. PURPOSE OF DATA PROCESSING The processing of personal data from the e-mail serves us solely to process the contact.

  2. DURATION OF STORAGE The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when the circumstances indicate that the matter in question has been conclusively clarified.

  3. POSSIBILITY OF OBJECTION AND REMOVAL The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

The objection can be declared directly as a reply within the email chain. Alternatively, a separate email can be sent to info@mylivingtree.de.

All personal data stored in the course of the contact will be deleted in this case.

VI. Rights of the data subject The following list includes all rights of data subjects under the GDPR. Rights that have no relevance for our own website do not need to be mentioned. In this respect, the listing can be shortened.

If personal data is processed by you, you are a data subject in the sense of the DSGVO and you are entitled to the following rights against the responsible party:

  1. RIGHT OF ACCESS You may request confirmation from the controller as to whether personal data concerning you are being processed by us.

If such processing is taking place, you may request information from the controller about the following:

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

(2) the categories of personal data which are 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 the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;

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

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information on the origin of the data, if the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art.46 DSGVO in connection with the transfer.

  1. RIGHT TO RECTIFICATION You have a right to rectification and/or completion vis-à-vis the controller, insofar as the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

  2. RIGHT TO RESTRICTION OF PROCESSING. You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

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

(4) if you have objected to the processing pursuant to Art.21(1) DSGVO and it has not yet been determined whether the controller's legitimate grounds override your grounds.

If the processing of personal data concerning you has been restricted, such data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defense 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 a Member State.

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

  1. RIGHT TO ERASURE A) OBLIGATION TO ERASE You may request the Controller to erase the personal data concerning you without undue delay, and the Controller is obliged to erase such data without undue delay, if 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 pursuant to Art.6 para.1 lit.a or Art.9 para.2 lit.a DSGVO and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art.21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art.21 (2) DSGVO.

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

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

(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Art.8(1) DSGVO.

B) INFORMATION TO THIRD PARTIES If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art.17(1) DSGVO, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested from them the erasure of all links to, or copies or replications of, such personal data.

C) EXCEPTIONS. The right to erasure does not exist to the extent that the processing is necessary to.

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

(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) of the GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art.89(1) DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or

(5) for the assertion, exercise or defense of legal claims.

  1. 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 of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right against the controller to be informed about these recipients.

  1. 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, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that.

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

(2) the processing is carried out with the help of automated procedures.

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

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

  1. RIGHT TO OBJECT You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art.6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

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

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

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

  1. RIGHT TO REVOKE YOUR DECLARATION OF CONSENT UNDER DATA PROTECTION LAW You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

  2. AUTOMATED DECISION-MAKING IN INDIVIDUAL CASES INCLUDING PROFILIN. 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. 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 permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or

(3) is made with your express consent.

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

With regard to the cases referred to in (1) and (3), the Controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the Controller, to express his point of view and to contest the decision.

  1. 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 residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

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

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