Person responsible:
Name/Fa.: phaeno gGmbH
Street No.: Willy-Brandt-Platz 1
Postcode, City, Country: 38440 Wolfsburg, Germany
Commercial register no.: HRB 100986
Managing Director: Michel Junge
Telephone number: 05361. 890 100
E-mail address: entdecke@phaeno.de
Data protection officer:
Name: Svenja Hohnstock
Company: Hohnstock GmbH
Street, No.: Borsigstraße 12
Postcode , City: 38446 Wolfsburg
E-mail address: dsb@hohnstock.gmbh
Types of data processed:
- Inventory data
- contact data
- contract data
- payment data
- Usage data (e.g. websites visited, interest in content, access times)
- Meta/communication data (e.g. device information, IP addresses)
Processing of special categories of data (Art. 9 para. 1 GDPR):
In principle, no special categories of data are processed unless they are provided by the user for processing, e.g. entered in online forms.
Categories of data subjects affected by the processing:
- Customers / interested parties / suppliers.
- Visitors and users of the online offer.
Purpose of the processing:
- Provision of the online offering, its content and functions.
- Provision of contractual services, service and customer care.
- Answering contact enquiries and communicating with users.
- Marketing, advertising and market research.
- Security measures.
Status: 5 November 2023
1 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 privacy policy, 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 to fulfil our services and implement contractual measures and respond to enquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect 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, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
2. changes and updates to the privacy policy
We ask you to inform yourself regularly about the content of our privacy policy. We will amend the privacy policy as soon as changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
3. security measures
- We take appropriate technical and organisational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, disclosure, safeguarding of availability and its separation. Furthermore, we have established procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data jeopardisation. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
- The security measures include, in particular, the encrypted transmission of data between your browser and our server.
4 Cooperation with processors and third parties
- If we disclose data to other persons and companies (processors or third parties) as part of our processing, transfer it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission, e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the fulfilment of the contract pursuant to Art. 6 para. 1 lit. b GDPR, you have consented, 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 with the processing of data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.
5 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 occurs in the context of the use of third-party services 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 authorisations, we only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to the EU or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
6 Rights of the data subjects
7. right of cancellation
You have the right to withdraw your consent in accordance with Art. 7 para. 3 GDPR with effect for the future.
8. right to object
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.
9. cookies and right to object to direct advertising
We use temporary and permanent cookies, i.e. small files that are stored on users' devices (for an explanation of the term and function, see the last section of this privacy policy). Some of the cookies are used for security purposes or are required to operate our online services (e.g. to display the website) or to save the user's decision when confirming the cookie banner. In addition, we or our technology partners use cookies for reach measurement and marketing purposes, about which users are informed in the course of the privacy policy.
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 website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by switching them off in the browser settings. Please note that you may then not be able to use all the functions of this website.
10 Deletion of data
- The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention 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 processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
- Germany: In accordance with legal requirements, data is stored in particular for 6 years in accordance with Section 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with Section 147 (1) AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
11. provision of contractual services
- We process inventory data (e.g. names and addresses as well as contact data of users), contract data (e.g. services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 para. 1 lit b. GDPR. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
- Users can optionally create a user account in which they can view their orders in particular. As part of the registration process, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax law reasons in accordance with Art. 6 para. 1 lit. c GDPR. It is the responsibility of users to back up their data before the end of the contract in the event of cancellation. We are authorised to irretrievably delete all user data stored during the term of the contract.
- We store the IP address and the time of the respective user action as part of the registration and renewed logins and utilisation of our online services. This data is stored on the basis of our legitimate interests and those of the user to protect against misuse and other unauthorised use. 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.
- The 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, the deletion takes place after their expiry (commercial law retention obligation: 6 years; tax law retention obligation: 10 years). Information in the customer account remains until it is deleted.
12. making contact
- When contacting us (by e-mail), the user's details will be processed to process the contact enquiry and its handling in accordance with Art. 6 para. 1 lit. b) GDPR.
- The user's details may be stored in our customer relationship management system ("CRM system") or a comparable enquiry organisation.
- We delete the enquiries if they are no longer required. We review the necessity every two years; we store enquiries from customers who have a customer account permanently and refer to the customer account details for deletion. In the case of statutory archiving obligations, the deletion takes place after their expiry (commercial law retention obligation: 6 years; tax law retention obligation: 10 years).
13 Comments and contributions
- If users leave comments or other contributions, their IP addresses are stored on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR for 7 days. GDPR for 7 days.
- This is done for our security in case someone leaves illegal content in comments and posts (insults, prohibited political propaganda, etc.). In this case, we ourselves may be prosecuted for the comment or post and are therefore interested in the identity of the author.
14. collection of access data and log files
- We collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
- Log file information is stored for a maximum of seven days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.
15 Online presence in social media
- We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
- Unless otherwise stated in our privacy policy, we process users' data if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
16. cookies & reach measurement
- Cookies are pieces of information that are transferred from our web server or third-party web servers to the user's web browser and stored there for later retrieval. Cookies can be small files or other types of information storage.
- We use "session cookies", which are only stored for the duration of the current visit to our online presence (e.g. to enable the storage of your login status or the shopping basket function and thus the use of our online offer at all). A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. A cookie also contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our website and, for example, log out or close the browser.
- Users are informed about the use of cookies in the context of pseudonymised reach measurement as part of this 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. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
- You can object to the use of cookies for reach measurement and advertising purposes via the deactivation page of the network advertising initiative(http://optout.networkadvertising.org/) and additionally the US website(http://www.aboutads.info/choices) or the European website(http://www.youronlinechoices.com/uk/your-ad-choices/).
- You can change your cookie settings here at any time.
17 Google Analytics
- On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we use Google Analytics, a web analytics service provided by Google. GDPR), we use Google Analytics, a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.
- Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law(https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
- Google will use this information on our behalf to analyse the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymised user profiles can be created from the processed data.
- We only use Google Analytics with activated IP anonymisation. This means that the IP address of users is truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there.
- The IP address transmitted by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de. Alternatively, you can switch off tracking here: Deactivate Google Analytics
- You can find more information on data use by Google, setting and objection options on the Google websites: https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when you use our partners' websites or apps"), https://policies.google.com/technologies/ads ("Data use for advertising purposes"), https://adssettings.google.com/authenticated ("Manage information that Google uses to show you advertising").
18 Facebook social plugins
- On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we use social plugins ("Facebook Social Plugins"). GDPR) social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are recognisable by one of the Facebook logos (white "f" on a blue tile, the terms "Like", "Gefällt mir" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
- Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law(https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
- When a user accesses a function of this online offering that contains such a plugin, their device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offering. User profiles can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
- By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out their IP address and store it. According to Facebook, only an anonymised IP address is stored in Germany.
- The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the relevant rights and setting options to protect the privacy of users can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/.
- If a user is a Facebook member and does not want Facebook to collect data about them via this online service and link it to their membership data stored on Facebook, they must log out of Facebook and delete their cookies before using our online service. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
19 Newsletter
- With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.
- Content of the newsletter: We only send newsletters, emails and other electronic notifications with advertising information (hereinafter "newsletter") with the consent of the recipient or with legal authorisation. If the content of the newsletter is specifically described when registering for the newsletter, it is decisive for the user's consent. Otherwise, our newsletters contain information about our offers and promotions and our company.
- Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary so that no-one can register with other people's e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation as well as the IP address. Changes to your data stored by the mailing service provider are also logged.
- Mailing service provider: The newsletter is sent by CleverReach GmbH & Co KG, Mühlenstr. 43, 26180 Rastede, Germany, hereinafter referred to as the "mailing service provider". You can view the data protection provisions of the dispatch service provider here: www.cleverreach.com/de/datenschutz/.
- Furthermore, according to its own information, the mailing service provider may use this data in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. for the technical optimisation of the mailing and presentation of the newsletter or for statistical purposes to determine which countries the recipients come from. However, the mailing service provider does not use the data of our newsletter recipients to write to them itself or pass it on to third parties.
- Registration data: To subscribe to the newsletter, it is sufficient to enter your e-mail address.
- Performance measurement - The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file that is retrieved from the server of the mailing service provider when the newsletter is opened. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval, is initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined with the help of the IP address) or the access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our endeavour nor that of the mailing service provider to observe individual users. The analyses serve us much more to recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
- Germany: The newsletter is sent and success is measured on the basis of the recipient's consent in accordance with Art. 6 Para. 1 lit. a, Art. 7 GDPR in conjunction with Section 7 Para. 2 No. 3 UWG or on the basis of legal authorisation in accordance with Section 7 Para. 3 UWG.
- The registration process is logged on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR and serves as proof of consent to receive the newsletter.
- Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. If users have only registered for the newsletter and cancelled this registration, their personal data will be deleted.
20. integration of third-party services and content
- On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we use content or service offers from third parties within our online offer. GDPR) content or service offers from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content"). This always presupposes that the third-party providers of this content recognise the IP address of the user, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. Pixel tags can be used to analyse information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as being linked to such information from other sources.
- The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, options for objection (so-called opt-out):
- If our customers use third-party payment services (e.g. PayPal or Sofortüberweisung), the terms and conditions and data protection notices of the respective third-party providers apply, which can be accessed within the respective websites, or transaction applications.
- Maps provided by the "Google Maps" service of the third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: www.google.com/policies/privacy/, opt-out: www.google.com/settings/ads/.
- Videos from the "YouTube" platform of the third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://policies.google.com/privacy, opt-out: https: //adssettings.google.com/authenticated.
- Functions of the Instagram service are integrated into our online offering. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram. Privacy policy: http://instagram.com/about/legal/privacy/.
- Functions of the Twitter service or platform (hereinafter referred to as "Twitter") may be integrated into our online offering. Twitter is a service provided by Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. The functions include the presentation of our posts within Twitter within our online offering, the link to our profile on Twitter and the possibility to interact with the posts and the functions of Twitter, as well as to measure whether users reach our online offering via the adverts placed by us on Twitter (so-called conversion measurement). Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law(https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Privacy policy: https://twitter.com/de/privacy, opt-out: https://twitter.com/personalization.
- We use social plugins from the social network Tumblr, which is operated by Tumblr, Inc. located at 35 East 21st Street, 10E, New York, NY 10010, USA ("Tumblr "). When you visit a page that contains such a plugin, your browser establishes a direct connection to the Tumblr servers. The plugin transmits log data to the Tumblr server in the USA. This log data may contain your IP address, the address of the websites visited that also contain Tumblr functions, the type and settings of the browser, the date and time of the request, your use of Tumblr and cookies. Privacy policy: https://www.tumblr.com/policy/en/privacy.