Data protection declaration according to the GDPR
Status: 28.06.2022
The protection and security of your data is an important concern for us, EXPERIENCE PARTS GmbH & Co. KG , which we take into account in all our business processes. In this privacy policy, we would therefore like to give you an overview of the data protection-relevant aspects of our products and services. In the following, we explain:
- What data we collect when you use our online service.
- How you can contact us about data protection.
- For what purposes this data is processed by us and third-party companies.
- What rights and choices you have regarding the processing of your data.
I. Name and address of the person responsible
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:
EXPERIENCE PARTS GmbH & Co. KG.
Am Sportplatz 26a
42489 Wuelfrath
Germany
Phone: 0800 - 39 72 787
Email: shop@experience-parts.com
Website: www.experience-parts.de
II. Name and address of the data protection officer
The data protection officer of the controller is:
Mr Matthias Baumgärtel
Tel.: 0170-6651825 or 02293-8162802
Email: datenschutz@experience-parts.de
III. General information on data processing
1. Scope of processing of personal data
We generally only process our users' personal data to the extent that this is necessary to provide a functional website and our content and services. Our users' personal data is generally only processed with the user's consent. An exception applies in cases where prior consent cannot be obtained for actual reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
If we obtain consent from the data subject for processing personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary to fulfill a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
If the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 (1) (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 (1) (d) GDPR serves as the legal basis.
If 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 outweigh the former interest, Art. 6 (1) (f) GDPR serves as the legal basis for processing.
3. Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose for which they were stored no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU 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 to continue storing the data for the conclusion or fulfillment of a contract.
IV. Children
Persons under the age of 18 should not send us any personal data without the consent of their parents or guardians.
V. Provision of the website and creation of log files
1. Description and scope of data processing
Each time our website is accessed, our system automatically records data and information from the computer system of the accessing computer.
The following data is collected:
- The user’s IP address
- Date and time of access
The log files contain IP addresses or other data that allow an assignment to a user. This could be the case, for example, if the link to the website from which the user accesses the website or the link to the website to which the user switches contains personal data.
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 (1) (f) GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must be stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. We also use the data to optimize the website and to ensure the security of our information technology systems. The data is NOT evaluated for marketing purposes in this context.
Our legitimate interest in data processing pursuant to Art. 6 (1) (f) GDPR also lies in these purposes.
4. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. If the data is collected to provide the website, this is the case when the respective session has ended.
If the data is stored in log files, this will be the case after 30 days at the latest. Storage beyond this period is possible.
5. Possibility of objection and removal
The collection of data to provide the website and the storage of data in log files is essential for the operation of the website. Consequently, the user has no option to object.
VI. Plugins and tools
1. Facebook
Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). Facebook plug-ins are marked with a Facebook logo or the addition "Social Plug-in from Facebook" or "Facebook Social Plugin". When you visit our website, your browser establishes a direct connection to the Facebook servers. The content of the plug-in is transmitted directly from Facebook to your browser, which integrates it into the website. By integrating the plug-in, Facebook receives the information that your browser has accessed the corresponding page within our website, even if you do not have a Facebook account or are not currently logged into Facebook. This information (including your IP address) is transmitted from your browser directly to a Facebook server in the USA and stored there.
If you are logged in to Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example by clicking the "Like" button ("thumbs up" sign) or leaving a comment, the corresponding information is also transmitted directly to a Facebook server and saved there. The information is also published on Facebook and displayed to your Facebook friends or third parties. Facebook can use this information for the purposes of advertising, market research and to design Facebook pages to meet your needs. For this purpose, Facebook creates usage, interest and relationship profiles, e.g. to evaluate the use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook. If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting our website.
For information on the purpose and scope of data collection and the further processing and use of data by Facebook, as well as your rights and setting options to protect your privacy, please refer to Facebook's privacy policy at https://www.facebook.com/policy.php .
2. Twitter
This website uses buttons from the Twitter service. These buttons are provided by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (“Twitter”). They can be recognized by terms such as “Twitter” combined with a stylized bird. Using the buttons, it is possible to share a post or page on our website on Twitter or to follow us on Twitter.
When you access our website using such a button, your browser establishes a direct connection to the Twitter servers. The content of the Twitter button is transmitted directly from Twitter to your browser. We have no influence on the amount of data that Twitter collects using this plugin. To the best of our knowledge, your IP address and the URL of the page you access are transmitted, but not used for any purpose other than displaying the Twitter button.
To prevent Twitter from collecting the above-mentioned data on our website, log out of Twitter before visiting our website. To prevent Twitter from generally accessing your data on our and other websites, you can exclude Twitter social plugins using an add-on for your browser (e.g. Twitter Blocker ).
For more information, please see Twitter’s privacy policy at https://twitter.com/de/privacy .
VII. Use of cookies
Web analysis with Google Analytics
This website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files placed on your computer, to help the website analyze how users use the site. The information on your use of the website generated by the cookie is generally transferred to a Google server in the USA and saved there. However, if IP anonymization is activated on this website, Google will shorten your IP address within member states of the European Union or other contracting states to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transferred 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 relating 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 cookies from being saved 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 relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de
VIII. E-mail contact
1. Description and scope of data processing
If contact is made via the email address provided, the user's personal data transmitted with the email will be stored.
In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for the processing of data is Art. 6 (1) lit. a GDPR if the user has given their consent.
The legal basis for the processing of data transmitted when sending an email is Art. 6 (1) (f) GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR.
3. Purpose of data processing
The processing of personal data from the input mask serves us solely to process the contact. In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those that were sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Possibility of objection and removal
The user has the option 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.
If you wish to revoke your consent or object to storage, please send us an email to datenschutz@experience-parts.de, a fax to 0213-1512505 or a letter to EXPERIENCE PARTS GmbH & Co. KG, Am Sportplatz 26a, 42489 Wülfrath.
In this case, all personal data stored during the contact process will be deleted.
IX. E-mail advertising with newsletter registration
If you subscribe to our newsletter, we will use the data required for this purpose or separately provided by you to regularly send you our e-mail newsletter based on your consent in accordance with Art. 6 Paragraph 1 Clause 1 Letter a of GDPR. You can unsubscribe from the newsletter at any time and can do so either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail address unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we will inform you in this declaration.
X. Payment services and payment procedures, credit check
1. Description and scope of data processing
To pay for our products and services, you can choose between the payment options provided on the online marketplace or the Klarna invoice payment method offered by the financing service Klarna.
The data you enter for payment purposes during check-out will be processed primarily in the context of your order and the associated payment processing and, in this context, may be passed on to third parties, in particular payment providers.
The data you provide for payment purposes during the ordering process will be processed accordingly for payment processing and, in this context, transmitted to the provider of the selected payment method.
For example, with the Klarna invoice payment method, Klarna checks and evaluates the customer's data and, if there is a legitimate reason, exchanges data with other companies and credit agencies. If the customer's creditworthiness cannot be guaranteed, Klarna can refuse to provide the customer with Klarna's service.
2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 Para. 1 lit. b GDPR and Art. 6 Para. 1 lit. c GDPR. At the same time, the additional legal basis for the processing of users' personal data is Art. 6 Para. 1 lit. f GDPR.
3. Purpose of data processing
The processing of data in the context of payment processing is particularly necessary for the availability of order processing on our website. It therefore serves to fulfil a contract with the user or to carry out pre-contractual measures.
The implementation of business- and customer-related internal security measures for the purpose of minimizing and controlling the risks of money laundering and terrorist financing serves to fulfill legal requirements under the Money Laundering Act.
The SCHUFA and/or Bürgel queries carried out in individual cases or measures to prevent fraud in the case of credit card transactions also serve the purpose of minimizing the risk of non-payment and preventing credit card misuse. For these purposes, our legitimate interest lies in processing the data in accordance with Art. 6 Para. 1 lit. f GDPR.
4. Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. With regard to data collected to fulfill a contract or to carry out pre-contractual measures, this is the case if the data is no longer required to carry out the contract. Even after the contract has been concluded, it may be necessary to store the contractual partner's personal data in order to comply with contractual or legal obligations, such as those arising from limitation periods for warranty claims or from retention obligations under tax law.
5. Possibility of objection and removal
Until the data is finally recorded by sending the order, you can change the data yourself, remove it from the input mask or change the payment method according to your wishes. After this, processing is mandatory for the order to be processed.
XI. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. Right to information
You can request confirmation from the controller as to whether personal data concerning you are being processed by us.
If such processing takes place, you can request the following information from the controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being 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 for which the personal data concerning you will be stored or, if specific information is not possible, the criteria for determining that 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 existence of a right to lodge a complaint with a supervisory authority;
(7) all available information as to their origin, where the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have the right to request rectification and/or completion from the controller if the personal data concerning you that are processed are incorrect or incomplete. The controller must carry out the rectification immediately.
3. Right to restriction of processing
You can 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 oppose the erasure of the personal data and request the restriction of the use of the personal data instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require them to assert, exercise or defend legal claims, or
(4) if you have objected to processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, these data may – with the exception of storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or to protect 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 in accordance with the above-mentioned requirements, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to delete
You may request that the controller delete the personal data concerning you immediately and the controller is obliged to delete this data immediately 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 withdraw your consent on which the processing is based according to Art. 6 (1) (a) or Art. 9 (2) (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 grounds for the processing, or you object to the processing pursuant to 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 or Member State law 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 (1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase them pursuant to Art. 17 Para. 1 GDPR, the controller shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform data controllers which process the personal data that you, as the data subject, have requested the erasure by them of all links to these personal data or of copies or replications of these personal data.
c) Exceptions
The right to erasure does not exist if processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by 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) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously compromise the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have asserted your right to rectification, erasure or restriction of processing vis-à-vis the controller, this controller is obliged to inform all recipients to whom the personal data concerning you were disclosed of said rectification, erasure or restriction of processing, unless doing so should prove impossible or involve disproportionate expenditure.
You have the right to be informed by the controller about these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you that you have made available to the controller in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was made available, provided that
(1) the processing is based on consent pursuant to Art. 6 (1)(a) GDPR or Art. 9 (2)(a) GDPR or on a contract pursuant to Art. 6 (1)(b) GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not affect the freedoms and rights of other persons.
The right to data portability does not apply to the 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.
7. Right of objection
You have the right to object at any time to the processing of personal data concerning you which is carried out on the basis of Art. 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purposes 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.
In connection with the use of information society services, you have the option of exercising your right of objection by means of automated procedures that use technical specifications, regardless of Directive 2002/58/EC.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your consent to data protection at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
9. 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, place of work or place of the alleged infringement if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority with which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
