Privacy policy
The data protection declaration clarifies the type, scope, and purpose oft the processing of personal data (hereinafter referred to as „data“) within our online offer https://shop.tentamus.com and the websites, functions, and contents connected with it as well as external online presences, such as our social media profile (hereinafter referred to collectively as „online offer“). With regard to the terms used, e.g. “processing” or “responsible person”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR)
Responsible person
Tentamus Group GmbH
An der Industriebahn 5
13088 Berlin
Germany
Telephone: +49 30 20 60 38 – 230
E-Mail-Address: webshop@tentamus.com
Board of management: Abgar Barseyten, Dr. Jochen P. Zoller
Link to imprint: https://www.tentamus.de/impressum/
Contact data protection officer: Frau Beate Heidorn-Thoß (Tentamus Analytics GmbH)
Types of data processed:
- Inventory data (e.g., names, addresses)
- Contact information (e.g., e-mail, telephone numbers)
- Content data (e.g., text entries, photographs, videos)
- Usage data (e.g., websites visited, interest in content, access times)
- Meta/communication data (e.g., device information, IP addresses)
Categories of data subjects
Visitors and users of the online offer (hereafter referred to collectively as „users“).
Purpose of the processing
- Provision of the online offer, its functions and contents
- Responding to contact requests and communication with users
- Security measures
- Reach measurement/marketing
Used terms
„Personal data“ shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as „data subject“); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. “Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all processing of data. “Pseudonymisation” means the processing of personal data in such a way that the personal data cannot be related to a specific data subject without the inclusion of supplementary information, provided that this supplementary information is kept separate and is subject to technical and organisational measures ensuring that the personal data is not related to an identified or identifiable natural person. “Profiling” shall mean any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person. “Controller” shall mean any natural or legal person, public authority, agency, or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. “Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR. the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering enquiries is Art. 6 Para. 1 lit. b GDPR. the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Para. 1 lit. c GDPR. Finally, the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 Para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 paragraph 1 letter d GDPR serves as the legal basis.
Security measures
In accordance with Art. 32 GDPR, and taking into account the limitations of modern technology, the implementation costs and the nature, scope, circumstances, and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural purposes, appropriate technical and organisational measures will be taken to ensure a level of protection appropriate to the risk. Such measures shall include the safeguarding of confidentiality, integrity, and availability of our data by controlling physical access to data, as well as the access, input, disclosure, and safeguarding of the availability and segregation of the data relating to such data. Furthermore, we have established procedures which ensure that the rights of data subjects are exercised. Data is deleted, and we respond to any threats to the data. Furthermore, protection of personal data is taken into account as early as the development or selection of hardware, software, and procedures in accordance with the principle of data protection, by designing technology and by using protection-friendly default settings (Art. 25 GDPR).
Cooperation with contract processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), by transferring it to them or otherwise granting them access to the data, this is only done on the basis of a legal authorisation (e.g. if the data must be transferred to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 letter b GDPR for the fulfilment of the contract). If you have given your consent, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). If we commission third parties to process data on the basis of a so-called "contract processing agreement", this is done on the basis of Art. 28 GDPR.
Transfers to third-party 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 is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil 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 permissions, we will only process or transfer the data in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
Rights of data subjects
You have the right to obtain confirmation as to whether or not data is being processed, and to obtain information about this data in accordance with Art. 15 GDPR. In accordance to Art. 16 DPA, you have the right to request the completion or correction of data concerning you if this is incorrect. In accordance with Art. 17 GDPR, you have the right to demand that data concerning you be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand that the processing of the data be restricted. You have the right to demand that the data concerning you which you have made available to us be received in accordance with Art. 20 GDPR, and to demand that it be passed on to other responsible parties. You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.
Right of withdrawal
You have the right to revoke consents granted in accordance with Art. 7 para. 3 GDPR with effect for the future.
Right to objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection may in particular be made against processing for the purposes of direct advertising.
Cookies and the right to object regarding direct advertising
“Cookies" are small files that are stored on the user's computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login jam can be stored. Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be saved if users visit the site after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the person responsible for the online offer (otherwise, if it is only their cookies, it is called "first-party cookies"). We may use temporary and permanent cookies, and we provide information regarding this in our privacy policy. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer. A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.
Data deletion
The data processed by us will be deleted or restricted in their processing in accordance with articles 17 and 18 of the GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. The data will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not used for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons. According to legal requirements in Germany, the storage is in particular for 10 years according to §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters). According to legal requirements in Austria, the storage is carried out in particular for 7 J in accordance with § 132 para. 1 BAO (accounting documents, vouchers / invoices, accounts, records, business documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years in the case of documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Business-related processing
In addition, we process contract data (e.g., subject matter of the contract, duration, customer category) and payment data (e.g., bank details, payment history) from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Hosting
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services which we use for the purpose of operating this online offer. For this purpose, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers. Interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of contract processing agreement).
Collection of access data and log files
We, or our hosting provider, collects data regarding our legitimate interests as defined in Art. 6 Par. 1 lit. f. GDPR. This data is regards to every access to the server on which the service is located (so-called server log files). The access data includes the name of the accessed website, file, date, and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited site), IP address, and the requesting provider. For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.
Order processing in the online shop and customer account
We process the data of our customers in the context of the order procedures in our online shop, in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution. The processed data includes inventory data, communication data, contract data, and payment data. The persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services within the operation of an online shop, billing, delivery and customer services. For this purpose, we use session cookies to store the contents of the shopping cart and permanent cookies to store the login status. The processing is based on art. 6 para. 1 lit. b (execution of order processes) and c (legally required archiving) of the GDPR. The information marked as required is required to justify and fulfil the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the legal permits and obligations to legal advisors and authorities. The data will only be processed in third-party countries if this is necessary for the fulfilment of the contract (e.g. on customer request for delivery or payment). Users can optionally create a user account, in particular by viewing their orders. Within the scope of registration, the required mandatory data will be communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account. subject to their safekeeping is necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c GDPR. Data in the customer account will remain until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to save their data in case of termination before the end of the contract. Within the scope of registration and renewed logins and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's need for protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c GDPR. Deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation).
In order to execute a contract, Tentamus Analytics GmbH may transfer data to one of its subsidiaries, in particular to the subsidiary BAV INSTITUT Hygiene und Qualitätssicherung GmbH in Offenbach. The legal basis is Tentamus' legitimate interest (Art. 6 para. 1 lit. f GDPR).
External payment service providers
We use external payment service providers through whose platforms the users and we can make payment transactions (e.g., each with a link to the privacy policy),
PayOne (https://www.payone.com/datenschutz/),
Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full),
Klarna (https://www.klarna.com/de/datenschutz/),
Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/),
Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/),
Visa (https://www.visa.de/datenschutz),
Mastercard (https://www.mastercard.de/de-de/datenschutz.html),
American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html) In the context of the performance of contracts, we appoint payment service providers on the basis of Art. 6(1)(b). of the GDPR. Otherwise, we use external payment service providers on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. b. GDPR in order to offer our users effective and secure payment options. The data processed by the payment service providers includes inventory data, such as name and address, bank data (such as account or credit card numbers), passwords, TANs and checksums, as well as contract, sum and recipient related data. These details are required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored by them. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the payment service providers may transfer the data to credit agencies. The purpose of this transmission is to check identity and credit standing. In this regard we refer to the general terms and conditions and data protection information of the payment service providers. For payment transactions, the terms and conditions and data protection information of the respective payment service providers apply, which can be accessed within the respective websites or transaction applications. We also refer to these for further information and the assertion of rights of revocation, information and other rights of affected persons.
Administration, financial accounting, office organization, contact management
We process data within the framework of administrative tasks as well as the organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The basis for processing is Art. 6 Par. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities. We disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee agencies and payment service providers. Furthermore, we store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. We store these mostly company-related data permanently.
Data protection notices in the application procedure
We process the applicant data only for the purpose and within the scope of the application procedure in accordance with the legal requirements. The applicant data is processed for the purpose of fulfilling our (pre-)contractual obligations within the framework of the application procedure in accordance with Art. 6 Para. 1 lit. b. GDPR Art. 6 para. 1 lit. f. GDPR if the data processing becomes necessary for us, e.g. within the framework of legal procedures (in Germany, § 26 BDSG applies additionally). The application procedure requires that applicants provide us with the applicant data. If we offer an online form, the necessary applicant data is marked as such, otherwise they result from the job descriptions and basically include personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, CV and certificates. In addition, applicants can voluntarily provide us with additional information. By submitting their application to us, applicants agree to the processing of their data for the purposes of the application procedure in accordance with the type and scope described in this data protection declaration. Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are voluntarily communicated as part of the application procedure, their processing is also carried out in accordance with Art. 9 Para. 2 letter b GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 DSGVO are requested from applicants as part of the application procedure, their processing is also carried out in accordance with Art. 9 Para. 2 letter a DSGVO (e.g. health data if this is necessary for the exercise of the profession). If made available, applicants can submit their applications to us by means of an online form on our website. The data will be transmitted to us in encrypted form in as far as this is technologically possible. Applicants can also send us their applications by e-mail. Please note, however, that e-mails are generally not sent in encrypted form and applicants must ensure that they are encrypted themselves. We can therefore not assume any responsibility for the transmission path of the application between the sender and the receipt on our server and therefore recommend rather to use an online form or the postal dispatch. This is because instead of applying via the online form and e-mail, applicants still have the option of sending us their application by post. The data provided by the applicants can be processed by us for the purposes of the employment relationship if the application is successful. Otherwise, if the application for a job offer is not successful, the applicants' data is deleted. Applicants' data is also deleted if an application is withdrawn, which applicants are entitled to do at any time. Subject to a justified revocation by the applicants, the data will be deleted after a period of six months so that we can answer any follow-up questions regarding the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived in accordance with tax law requirements.
Registration function
Users can create a user account. As part of the registration process, the required mandatory data is provided to the users and is processed on basis of Art. 6 para. 1 lit. b GDPR for the purpose of providing the user account. The processed data includes in particular the login information (name, password and an e-mail address). The data entered during registration is used for the purposes of the use of the user account and its purpose. Users can be informed by e-mail about information relevant to their user account, such as technical changes. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to a legal obligation to keep records. It is the responsibility of users to save their data before the end of the contract if they have terminated their user account. We are entitled to irretrievably delete all user data stored during the contract period. Within the scope of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's need for protection against misuse and other unauthorized use. This data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO. The IP addresses are anonymised or deleted after a maximum of 7 days.
Contact
When contacting us (e.g. by contact form, e-mail, telephone or via social media), the user's details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO. The user's details may be stored in a customer relationship management system ("CRM system") or comparable enquiry organisation. We delete the enquiries if they are no longer required. We review the necessity for this every two years. Furthermore, the statutory archiving obligations apply.
Newsletter
With the following information we inform you about the contents of our newsletter as well as the registration, sending and statistical evaluation procedure and your right of objection. By subscribing to our newsletter, you agree to receive it and agree to the described procedures. Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as "newsletter") only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us. Double-Opt-In and logging: The registration for our newsletter is done in a so-called Double-Opt-In procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged. Registration data: To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name for personal contact in the newsletter. The dispatch of the newsletter and the associated measurement of success is based on the consent of the recipients in accordance with Art. 6 Para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 Para. 2 No. 3 UWG (German Law) or on the basis of the legal permission in accordance with § 7 Para. 3 UWG. The registration procedure is recorded on the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR. We are interested in the use of a user-friendly and secure newsletter system that serves our business interests as well as meeting the expectations of the users and also allows us to provide proof of consent. Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
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