We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of Tapir Wachswaren GmbH. This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as the “Online Offer”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (DSGVO).
Responsible: Bodo Rengshausen Fischbach
Company: Tapir Wachswaren GmbH
Street no.: Allerbachstr. 29
Postcode, town, country: 37586 Dassel, Germany
Commercial Register/No.: HRB 131064 Göttingen Local Court
Managing Director: Bodo Rengshausen Fischbach
Telephone number: 05562-940230
Data Protection Officer: Till Fischbach
Company: Tapir Wachswaren GmbH
Street no.: Allerbachstr. 29
Postcode, town, country: 37586 Dassel, Germany
Telephone number: 05562-940230
Types of data processed:
– File data
– Contact details
– Content data
– Contract data
– Payment data
– Usage data
– Meta/communication data
Processing of special categories of data (Art. 9(1) DSGVO):
No special categories of data are processed.
Categories of data subjects concerned by the processing:
– Customers, interested parties, visitors and users of the online offer, business partners.
– Visitors and users of the online offer.
In the following, we also refer to the persons concerned collectively as “users”.
Purpose of the processing:
– Provision of the online offer, its contents and shop functions.
– Provision of contractual services, service and customer care.
– Responding to contact requests and communicating with users.
– Marketing, advertising and market research.
– Safety measures.
Status: 08 / 2020
1. terms used
1.1. “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural 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. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2. “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 encompasses practically every handling of data.
1.3. Controller” means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
2 Relevant legal bases
4. security measures
4.1. We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk in accordance with Article 32 of the DSGVO, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to, input, disclosure, ensuring availability and segregation of the data. Furthermore, we have established procedures to ensure the exercise of data subjects’ rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 of the DSGVO).
4.2. The security measures include in particular the encrypted transmission of data between your browser and our server.
5. disclosure and transmission of data
5.1. If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is required pursuant to Art. 6 para. 1 lit. b DSGVO is necessary for the performance of a contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfil our contractual obligations, administrative tasks and duties).
5.2. If we commission third parties with the processing of data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 DSGVO.
6. transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EWR)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 ff. DSGVO. I.e. 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”).
7. rights of the data subjects
7.1. You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 DSGVO.
7.2. You have accordingly. Art. 16 DSGVO the right to request that the data concerning you be completed or that the inaccurate data concerning you be corrected.
7.3. In accordance with Article 17 of the DSGVO, you have the right to demand that the data in question be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the DSGVO.
7.4. You have the right to request to receive the data concerning you that you have provided to us in accordance with Article 20 of the DSGVO and to request that it be transferred to other data controllers.
7.5. They also have the right to Article 77 of the DSGVO the right to lodge a complaint with the competent supervisory authority.
8. right of withdrawal
You have the right to withdraw your consent in accordance with Art. Art. 7 para. 3 DSGVO with effect for the future.
9. right of objection
You may object to the future processing of data relating to you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against processing for the purpose of direct advertising.
10. cookies and the right to object to direct advertising
10.1. Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. The primary purpose of a cookie is to store information about a user (or the device on which the cookie is stored) during or after his or her visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. In such a cookie, for example, the contents of a shopping basket in an online shop or a login status can be stored. Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for reach measurement or marketing purposes. Third-party cookies” are cookies from providers other than the responsible party that operates the online offer (otherwise, if they are only its cookies, they are referred to as “first-party cookies”).
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 may lead to functional restrictions of this online offer.
11. deletion of data
11.1. The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of 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 retention obligations. Unless the data is deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
11.2. Germany: According to legal requirements, the storage is carried out in particular for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) as well as for 10 years pursuant to § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
12. order processing in the online shop and customer account
12.1. We process the data of our customers in the context of the ordering processes 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.
12.2. The data processed includes inventory data, communication data, contract data, payment data and the data subjects include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services within the framework of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
12.3. The processing is carried out on the basis of Art. 6 para. 1 lit. b (Execution of order processes) and c (Legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfilment of the contract. We only disclose the data to third parties within the scope of delivery, payment or within the scope of legal permissions and obligations towards legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer’s request for delivery or payment).
12.4. Users can optionally create a user account, in which they can view their orders in particular. During the registration process, users are provided with the required mandatory information. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data relating to the user account will be deleted, subject to its retention for reasons of commercial or tax law. Art. 6 para. 1 lit. c DSGVO is necessary. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to back up their data before the end of the contract in the event of termination.
12.5. Within the scope of registration and renewed logins as well as the 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 those of the users in protection against misuse and other unauthorised use. As a matter of principle, this data will not be passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with the German Data Protection Act. Art. 6 para. 1 lit. c DSGVO.
12.6. The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account remains until its deletion.
13. business analyses and market research
13.1. In order to operate our business economically and to be able to recognise market trends, customer and user wishes, we analyse the data we have on business transactions, contracts, enquiries, etc.. In doing so, we process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 Para. 1 lit. f. DSGVO, whereby the data subjects include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of business management evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with details of, for example, their purchase transactions. The analyses serve us to increase user-friendliness, optimise our offer and improve business efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised values.
13.2. If these analyses or profiles are personal, they will be deleted or anonymised upon termination by the user, otherwise after two years from the conclusion of the contract. Otherwise, the macroeconomic analyses and general trend determinations are prepared anonymously whenever possible.
14.1. If we make advance payments (e.g. in the case of purchase on account), we reserve the right to obtain information on identity and creditworthiness for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures from specialised service providers (credit agencies) in order to protect our legitimate interests.
14.2. As part of the credit check, we transmit the following personal data of the customer (name, postal address, date of birth, information on the type of contract, bank details) to the following credit agencies:
SCHUFA company (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), data protection information: https://www.schufa.de/de/ueber-uns/daten-scoring/.
14.3. We process the information received from the credit agencies on the statistical probability of a payment default within the framework of an appropriate discretionary decision on the establishment, implementation and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative result of the credit check.
14.4. In accordance with Art. 22 DSGVO, the decision as to whether we provide advance payment is made solely on the basis of an automated decision in the individual case, which is made by our software on the basis of the information provided by the credit agency.
14.5 If we obtain express consent from you, the legal basis for the creditworthiness information and the transmission of the customer’s data to the credit agencies is the consent pursuant to Art. 6 para. 1 lit. a, 7 DSGVO. If no consent is obtained, our legitimate interests in the security of your payment claim are the legal basis in accordance with the German Data Protection Act. Art. 6 para. 1 lit. f. DSGVO.
15. contacting and customer service
15.1. When contacting us (via contact form or e-mail), the user’s details are used to process the contact enquiry and handle it in accordance with the German Data Protection Act. Art. 6 para. 1 lit. b) DSGVO processed.
15.2. Users’ details may be stored in our Customer Relationship Management System (“CRM System”) or comparable enquiry organisation.
15.3. We delete the requests if they are no longer necessary. We review the necessity every two years; we store requests from customers who have a customer account permanently and refer to the customer account details for deletion. Furthermore, the statutory archiving obligations apply.
16. collection of access data and log files
16.1. We collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO collects data about each 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.
16.2. Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further retention is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
17. online presence in social media
17.1. We maintain a website on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.
18. Google Analytics
18.2. Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
18.3. Google will use this information on our behalf for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Pseudonymous user profiles can be created from the processed data.
18.4. We only use Google Analytics with IP anonymisation activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.
18.5. The IP address transmitted by the user’s browser is not 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 the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
18.6. For more information on Google’s use of data, settings and opt-out options, please visit the Google websites: https://www.google.com/intl/de/policies/privacy/partners (“Google’s use of data when you use our partners’ websites or apps”), https://policies.google.com/technologies/ads(“Use of data for advertising purposes”), https://adssettings.google.com/authenticated (“Manage the information Google uses to serve you ads”).
19. Facebook-, Custom Audiences und Facebook-Marketing-Dienste
19.1 Within our online offer, the so-called “Facebook pixel” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), is used due to our legitimate interests in the analysis, optimisation and economic operation of our online offer and for these purposes.
19.2. Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
19.3. With the help of the Facebook pixel, it is possible for Facebook to determine the visitors to our online offer as a target group for the display of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called “conversion”).
19.4. The processing of the data by Facebook takes place within the framework of Facebook’s data use policy. Accordingly, general information on the display of Facebook ads, in Facebook’s data usage policy: https://www.facebook.com/policy.php. Specific information and details on the Facebook Pixel and how it works can be found in Facebook’s help section: https://www.facebook.com/business/help/651294705016616.
19.5. You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To set which types of advertisements are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions there on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
20. Facebook Social Plugins
20.1 We use social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd. DSGVO) 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”, “Like” 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/.
20.2. Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
20.3. When a user calls up a function of this online offer that contains such a plugin, his or her 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 offer by the user. In the process, 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.
20.4. 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 his or her Facebook account. When users interact with the plugins, for example by clicking the Like button or posting a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to obtain and store their IP address. According to Facebook, only an anonymised IP address is stored in Germany.
20.6. If a user is a Facebook member and does not want Facebook to collect data about him or her via this online offer and link it to his or her membership data stored with Facebook, he or she must log out of Facebook and delete his or her cookies before using our online offer. 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 applied to all devices, such as desktop computers or mobile devices.
21. communication via post, e-mail, fax or telephone
27.1 We use means of distance communication, such as post, telephone or email, for business and marketing purposes. In doing so, we process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
21.2 The processing is carried out on the basis of Art. 6 para. 1 lit. a, Art. 7 DSGVO, Art. 6 para. 1 lit. f DSGVO in connection with legal requirements for promotional communications. Contact is only made with the consent of the contact partners or within the scope of legal permissions and the processed data is deleted as soon as it is no longer required and otherwise with objection/ revocation or discontinuation of the authorisation bases or legal archiving obligations.
28.1. 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.
22.2. Newsletter content: We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the course of registration, they are decisive for the consent of the user. Furthermore, our newsletters contain information about our products, offers, promotions and our company.
22.3. Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in process. I.e. after registration 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 subscription process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider are logged.
22.4. Insofar as we use a dispatch service provider, the dispatch service provider may, according to its own information, use this data in pseudonymous form, i.e. without assigning it to a user, to optimise or improve its own services, e.g. to technically optimise the dispatch and presentation of the newsletter or for statistical purposes to determine which countries the recipients come from. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass it on to third parties.
22.5. Registration data: To register for the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name in the newsletter so that we can address you personally.
22.6. Performance measurement – The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a dispatch service provider, from their server. In the course of this retrieval, technical information, such as information on the browser and your system, as well as your IP address and the time of the retrieval are 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 the individual newsletter recipients. However, it is neither our intention nor, if used, that of the shipping service provider to monitor individual users. The evaluations 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.
22.7. The dispatch of the newsletter and the measurement of its success are based on the consent of the recipients in accordance with the German Data Protection Act. Art. 6 para. 1 lit. a, Art. 7 DSGVO i.V.m § 7 Abs. 2 No. 3 UWG or on the basis of the legal permission pursuant to Art. § 7 para. 3 UWG.
22.8. The logging of the registration process is carried out on the basis of our legitimate interests in accordance with §§ 3 and 4 of the German Data Protection Act. Art. 6 para. 1 lit. f DSGVO and serves as proof of consent to receive the newsletter.
22.9. Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consent. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, their consent to the performance measurement expires. A separate revocation of the performance measurement is unfortunately not possible, in which case the entire newsletter subscription must be cancelled. When you unsubscribe from the newsletter, your personal data will be deleted, unless their retention is legally required or justified, in which case their processing will be limited to these exceptional purposes only. In particular, we may store unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them for the purposes of sending newsletters in order to be able to prove consent previously given. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.
23. integration of services and contents of third parties
23.1. Within our online offer, we use content or service offers of third-party providers 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. DSGVO) 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 assumes that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is thus required for the display of 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. The “pixel tags” can be used to evaluate 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.
23.2. 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 part already mentioned here, options for objection (so-called opt-out).
– If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and the data protection information of the respective third party providers apply, which can be accessed within the respective websites or transaction applications.