Privacy Policy

Data protection

We attach great importance to data protection. The collection and processing of your personal data takes place in compliance with the applicable data protection regulations, in particular the EU General Data Protection Regulation (GDPR). We collect and process your personal data in order to be able to offer you our website and our services. In accordance with Art. 13 GDPR, we describe in this declaration which data is used by us, in what type and for what purpose and scope, and what options and rights you have in connection with the use of your personal data.

1. Responsible body

Fifth Element GmbH , Mr. Martin Kusche , Pettenkoferstraße 12 , 83052 Bruckmühl, is responsible for compliance with data protection on our part . We have not appointed a data protection officer.
We are at your disposal for data protection inquiries. You have the following contact options for this:
Tel .: +49 8061 3455627
Fax: +49 8061 3 45 8415
Email: martin.kusche@fifthelements.com

2. Data collection on our website

a) Server log files

Insofar as you access our website, information is automatically transmitted by your browser to the server on our website. This information is only stored briefly in a so-called log file and is automatically deleted.

This includes the following data:

  • Your IP address,
  • Date and time of the call,
  • Name and URL of the file you called up,
  • Website from which the call is made (referrer URL),
  • Information about the browser and operating system you are using,
  • Name of your access provider.

This data is used for the purpose of ensuring a smooth connection establishment and comfortable use of our website as well as for evaluating system security and stability.
The legal basis for data processing results from Art. 6 Para. 1 S. 1 lit. f GDPR., because we have a legitimate interest in collecting data for the aforementioned purposes. In addition, a legal basis results from Art. 6 Para. 1 lit. b GDPR for processing data to fulfill a contract or pre-contractual measures.
The data is not used to draw conclusions about you personally.

b) Contact form / communication by email

You will find a contact form on our website. We would like to give our customers the opportunity to contact us in an uncomplicated manner. You can also write to us directly by email. If you would like to use our contact form, you must provide your name and a valid email address. If you send a cover letter by e-mail, we will at least receive your e-mail address. All other specified data are optional. The data is collected for the purpose of initiating or implementing contractual relationships in accordance with Art. 6 para. 1 lit. b GDPR Insofar as your request is not directed towards the initiation or implementation of a contract, we still have a legitimate interest in processing and answering your request. In this respect, the use of personal data for this purpose is based on Art. 6 Para. 1 lit. f GDPR.

We only use the data you provide to process your request. Insofar as your request is aimed at initiating or conducting business, we will delete your data according to our internal deletion periods.

If your request is related to another purpose, we will delete your data after processing, unless there is another legal basis for data storage.

c ) Processing of customer and contract data

When initiating business, concluding and fulfilling contracts, we use your personal data required for this purpose in accordance with. Art. 6 para. 1 lit. b GDPR.

Data is only transmitted to third parties if and to the extent that this is necessary for the contractual fulfillment, e.g. B. if a company has been commissioned to provide production or transport services or a bank has been commissioned to process payments.

These personal data are deleted after the statutory warranty periods have expired or after the statutory retention periods have expired.

You can also create a user account with us. For this it is necessary that you provide the data required in the registration. In the user account you can then view your specified and stored profile data as well as information on orders or products you have reserved. The user account is not publicly accessible. If you delete your user account, all data, with the exception of data that we need to store under commercial and tax law in accordance with Art. 6 para. 1 lit. f GDPR are required to be deleted.

With every login, registration, order or other binding action, we save your IP address as well as the day and time. This is done for your protection and in accordance with. Art. 6 para. 1 lit. f GDPR out of our legitimate interest in proving the emergence of a claim and in order to prevent acts of abuse or unauthorized use of our system.

d ) Processing by payment service providers

In the case of paid services, we process your personal data, in particular payment data (account, credit card and other bank data) on the basis of Art. 6 Para. 1 lit. b GDPR. This is done for the purpose of executing the contract (payment processing / accounting). If necessary, your payment data will be transmitted to service providers (credit institutions, payment providers, accounting service providers) or processed directly by them for the payment transaction and for billing.

Your payment data will be stored for the duration of the contractual relationship and will be deleted after the contractual relationship has been completely terminated (until all mutual contractual obligations have been concluded), provided that there is no other legal basis for data storage.

Stripe Payments Europe Ltd.
Stripe’s data protection can be found at the URL https://stripe.com/de/privacy#translation

paydirekt GmbH
Paydirekt privacy policy : https://www.paydirekt.de/agb/medien/paydirekt_datenschutzinformationen.pdf

e ) Newsletter

Our website offers the option of subscribing to a free newsletter for direct advertising purposes. When you register for the newsletter, your name and e-mail address from the input mask will be transmitted to us. Your IP address and the date and time of registration are also used. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the email address used.

For the processing of the data, your consent is obtained during the registration process and reference is made to this data protection declaration. The legal basis for the processing of the data after the user has registered for the newsletter is Article 6 (1) lit. a GDPR.

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. The user’s email address is therefore stored as long as the subscription to the newsletter is active.

If you purchase goods or services on our website and enter your e-mail address, this can then be used by us to send a newsletter for the purpose of direct advertising. In such a case, only direct advertising for our own similar goods or services will be sent via the newsletter. The legal basis for sending the newsletter as a result of the sale of goods or services is Section 7 (3) UWG.

The user concerned can cancel the subscription to the newsletter at any time. There is a corresponding link in every newsletter for this purpose.

f ) Cookies

Our website contains cookies. Cookies are small text files that are stored on your device. They help us to make it easier for you to navigate through our offer and enable the website to be displayed correctly. They should support the user-friendliness of the website and are of course completely harmless to your device. In this way, information is temporarily collected in connection with the device you are using and the software you are using. No conclusions about your identity are drawn from this.

For example, we use so-called “session cookies”. These cookies are automatically deleted after your visit. We also use cookies that are stored on your end device, for example to make it easier for you to use our site on another visit and to recognize your browser the next time you visit (“permanent cookies”). You can of course delete these cookies manually at any time.

We also use cookies to statistically record and evaluate the use of our website. This is done for the purpose of further optimizing our offer for you. Further information can be found under Google Analytics.

We also use cookies for pseudonymized range measurement. You will be further informed about this below.

The cookies that are absolutely necessary for the operation of our website, i.e. without which our website cannot be displayed, are used for this purpose to safeguard our legitimate interests according to Art. 6 Para. 1 S. 1 lit. f GDPR. These are automatically deleted after a defined period of time.

The cookies that are required for the processing of contracts or for the contractually agreed use of our website are set in accordance with Art. 6 Para. 1 S. 1 lit. b GDPR. These are automatically deleted after a defined period of time.

The use of necessary cookies not mentioned above is based on your consent in accordance with. Art. 6 para. 1 lit. a GDPR. Your consent can be revoked at any time with immediate effect. To do this, go to the settings of the browser you are using and select “Delete browser data”. You must have selected “Cookies and other website data” and then remove them.

Of course, you can also view our website without cookies. To do this, you must prevent cookies from being saved on your hard drive by selecting “do not accept cookies” in your browser settings. For a more detailed description, please refer to the instructions from your browser manufacturer. You can also use the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/) and also the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/) to deactivate cookies. If you do not accept cookies, this can lead to functional restrictions on our website

g ) Google Analytics

On the basis of your consent (within the meaning of Art. 6 Para. 1 lit. a GDPR), we use Google Analytics, a web analysis service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, on our website. With regard to the use of the data, there is a joint responsibility for data processing between Google and us in accordance with. Art 26 GDPR. We have agreed with Google that we will assume primary responsibility for the processing of the data in accordance with the GDPR and that we will fulfill all the obligations under the GDPR with regard to the processing of the data (including Articles 12 and 13 GDPR, Articles 15 to 22 GDPR and Article 32 bis 34 GDPR). Google Analytics is used for the needs-based design and continuous optimization of our website and our website to statistically record and evaluate. In this context, pseudonymised usage profiles are created and cookies are used. Information about your use of this website such as

  • Your IP address,
  • Date and time of the call,
  • Name and URL of the file you called up,
  • Website from which the call is made (referrer URL),
  • Information about the browser and operating system you are using,
  • Name of your access provider.

If you have given your consent, this information will be transferred to a Google server in the USA and stored there. It should be noted that this is a data transfer to a country outside the EU. Google will use this information to evaluate your use of our website, to compile reports on website activity for the website operator and to provide other services related to website activity and internet usage. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

As already described above, you can prevent cookies from being stored on your computer. In addition, there is the option of preventing Google from using the data collected by the cookies by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl= de

Further information on data protection in connection with Google Analytics can be found in the Google Analytics Help Center ( https://support.google.com/analytics/answer/6004245?hl=de ).

With the standard contractual clauses, Google submits to European data protection and thus offers a guarantee that it will comply with European data protection law.

h ) Jetpack (WordPress Stats)

Based on your consent (within the meaning of Art. 6 Para. 1 lit. a. GDPR), we use the plug-in with the sub-function WordPress Stats, from Automattic Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Jetpack is used for the needs-based design and continuous optimization of our website and our website to statistically record and evaluate. In this context, cookies are used and information about your use of this website such as

  • Your IP address,
  • Date and time of the call,
  • Name and URL of the file you called up,
  • Website from which the call is made (referrer URL),
  • Information about the browser and operating system you are using,
  • Name of your access provider,

and stored on the server of Automattic Inc in the USA. It should be noted that this is a data transfer to a country outside the EU.

Notes on Jetpack cookies: https://jetpack.com/support/cookies/
Automattic Inc will use this information to evaluate your use of our website, to compile reports on website activity for the website operator and to provide other services related to website activity and internet usage.
As already described above, you can prevent cookies from being stored on your computer.
Further information on data protection in connection with Automattic Inc can be found here: https://automattic.com/privacy/

 

i ) Google reCaptcha

On the basis of Art. 6 Para. 1 S. 1 lit. f GDPR, we use the reCAPTCHA service from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google”, to protect your inquiries via the Internet form. The query is used to distinguish whether the input is made by a human or improperly by automated, machine processing. The query includes the sending of the IP address and any other data required by Google for the reCAPTCHA service to Google. For this purpose, your input will be transmitted to Google and used there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address is only transmitted to a Google server in the USA and shortened there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha will not be merged with other Google data. The different data protection regulations of Google apply to this data. You can find more information about Google’s data protection guidelines at: https://www.google.com/intl/de/policies/privacy/

j ) Google Ajax & jQuery libraries, Google Webfonts

On the basis of Art. 6 Para. 1 S. 1 lit. f GDPR we use for the purpose of a customer-friendly and appealing presentation of our website Google Ajax & jQuery libraries, Google web fonts from the company Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland , hereinafter “Google”. Here, program libraries and fonts are retrieved from Google by your browser and loaded into the browser cache in order to display content, texts and fonts correctly. Information about your provider, operating system, browser and your IP address can be transmitted to Google.

Google complies with European data protection law . You can find more information on data protection at Google here : https://policies.google.com/privacy?hl=de

k ) Use of Google Maps

On the basis of your consent (within the meaning of Art. 6 Para. 1 lit. a. GDPR) we use “Google Maps” from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland , for the purpose of better findability on our site . hereinafter “Google Maps”.

Insofar as you have given your consent, a cookie is set by Google each time the “Google Maps” component is called up in order to process user settings and data when the page on which the “Google Maps” component is integrated is displayed. As a rule, this cookie is not deleted when you close the browser, but expires after a certain period of time, unless you delete it manually beforehand.

If you do not agree to this processing of your data, you have the option of deactivating the “Google Maps” service and thereby preventing the transmission of data to Google. To do this, you need to deactivate the Java Script function in your browser. However, we would like to point out that in this case you will not be able to use “Google Maps” or only to a limited extent.

“Google Maps” and the information obtained via “Google Maps” are used in accordance with the Google Terms of Use
http://www.google.de/intl/de/policies/terms/regional.html

as well as the additional terms and conditions for “Google Maps” under
https://www.google.com/intl/de_de/help/terms_maps.html

Google complies with European data protection law . You can find more information on data protection at Google here : https://policies.google.com/privacy?hl=de

3 . Transfer of data

Your personal data will not be passed on to third parties. However, in exceptional cases, data can be transmitted for the following reasons:

  • insofar as you have given your express consent, Art. 6 Para. 1 S. 1 lit. a GDPR
  • as far as the disclosure according to Art. 6 Para. 1 S. 1 lit. f GDPR is required and there is no overriding legitimate interest in not disclosing your data
  • insofar as we are legally obliged to pass on the data, Art. 6 Para. 1 S. 1 lit. c GDPR
  • in this respect a transfer according to Art. 6 Para. 1 S. 1 lit. b GDPR is permissible and necessary for the processing of contractual relationships with you

If your data is processed by third parties commissioned by us, this is done on the basis of Art. 28 GDPR by means of an order processing contract.

4 . Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual approvals, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Your data collected on this website is transmitted in the USA by Google: By accepting further cookies, you consent in accordance with. Art. 49 para. 1 sentence 1 lit. a GDPR to have your data processed in the USA.

5 . Affected Rights

  • Right to information Art. 15 GDPR
You have the right to request confirmation from us as to whether we are processing your personal data. If this is the case, you can request information about this personal data and the following information:
    • the processing purposes
    • the categories of personal data that are processed
    • the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organizations
    • 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
    • the existence of a right to correct or delete your personal data or to restrict processing or a right to object to this processing
    • the existence of a right of appeal to a supervisory authority
    • if the personal data are not collected from you, all available information about the origin of the data
    • the existence of automated decision-making including profiling in accordance with Article 22 Paragraphs 1 and 4 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
  • Right to rectification Art. 16 GDPR
You can immediately request the correction of incorrect or incomplete personal data stored by us.
  • Right to deletion (right to be forgotten) of your data, Art. 17 GDPR
You can request the deletion of your data stored by us, insofar
    • the personal data not for the purposes for which they were collected or otherwise processed or are no longer necessary;
    • You revoke your consent on which the processing is based in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR and there is then no other legal basis for the processing;
    • You object to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing or you object to the processing in accordance with Article 21 (2) GDPR;
    • the personal data has been processed unlawfully;
    • the deletion of the personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which you are subject;
    • the personal data was collected in relation to information society services offered pursuant to Article 8 (1) GDPR.
Upon submission of the requirements, we are obliged to delete, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims.
  • Right to restriction of processing, Art. 17 GDPR
You have the right to request that we restrict processing in this respect
    • you dispute the correctness of the personal data, but only for the period that enables us to check the correctness of the data;
    • the processing is unlawful and you do not want your personal data to be deleted immediately, but instead request that the use of the personal data be restricted;
    • we no longer need the personal data for processing purposes, but you need them to assert, exercise or defend legal claims, or
    • You have objected to the processing in accordance with Article 21 (1) GDPR, as long as it has not yet been determined whether the legitimate reasons on our part outweigh you.

Insofar as processing is restricted, we may only store your personal data with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.

You will be informed again before the restriction is lifted.
  • Right to data portability Art. 20 GDPR
You have the right to receive the personal data you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible.
  • Right of objection Art. 21 GDPR
According to Art. 21 GDPR, you have the right to object to the processing of your personal data if this is due to a legitimate interest according to Art. 6 Para. 1 S. 1 lit. f GDPR are processed. However, this only applies if there are reasons that arise from your particular situation or the objection is directed against direct mail.
  • Right of withdrawal Art. 7 Para. 3 GDPR
You have the right, according to Art. 6 para. 1 sentence 1 lit. a GDPR, to revoke your consent to us at any time. This revocation only applies to future use.
  • Right to complain to supervisory authorities
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 habitual residence, your place of work or our company headquarters, if you are of the opinion that the processing of your personal data violates the General Data Protection Regulation. If you want to make use of your rights as a data subject, you can also submit this by email to the above email address.

6 . Data security

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as requests that you send to us as the site operator. You can recognize this by the fact that the address line of the browser changes from “http: //” to “https: //”. A lock symbol can also be seen in the browser line.

If the SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

We have also taken precautions in the form of technical and organizational measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties.

7 . Current status and changes to this data protection declaration

This data protection declaration is currently valid and was last updated on September 24, 2020.

We reserve the right to make changes at any time to ensure that our data protection declaration always complies with the current legal requirements. This also applies in the event that the data protection declaration has to be adapted due to new or revised services, for example new services. The new data protection declaration will then apply on your next visit to our offer.

Our data protection declaration is always available for you to view and print out on our website.

8 . Complaints and warnings

Should you see your rights violated or otherwise disadvantaged, we ask you to inform us yourself. You will then receive a personal, individual answer. As part of your duty to mitigate damage, we would like to point out that we will not assume the costs of a lawyer commissioned by you out of court without prior contact. There is expressly no will on our part for you to instruct a lawyer to cease and desist and / or to submit a declaration of cease and desist subject to penalties. A presumed will can therefore not be used.

This data protection declaration was created by lawyer Martin Jedwillat: www.advomare.de