ID:  2701  ( 3212 ) -  convertible 

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Data protection information

 ID:  2751  ( 3637 ) -  convertible 

 

We take the protection of your personal data very seriously and, for this reason, we always endeavour to use new data protection technology and to undergo relevant inspections. Our data protection practice complies with the German Federal Data Protection Act (BDSG, Bundesdatenschutzgesetz) and the German Telemedia Act (TMG, Telemediengesetz).

 

1.   Personal data

Personal data is information that can be used to determine your identity. This includes information such as your name, address, mailing address and phone number. Information that is not associated with your identity (such as the number of site users) does not fall under this heading. In principle, you can use our online offer without having to disclose your identity. In order to ensure you have the best security and data protection, all forms are encrypted using SSL (128 bit).

 

2.   Use of data

If you request information, conclude an agreement, log into the secure area or would like to take part in our competitions, we ask you for your name and/or other personal information. You are free to decide whether you wish to provide this information. We will only use your data to process your query, for participation in our own competitions or to conclude an agreement.

 

Your visit to our website is recorded. When doing so, the
following data is processed: Name of the website visited, date and time of the visit, the volume of data transferred, browser type as well as version, the operating system you use, the referrer URL (of the website you visited before), your IP address and the requesting provider. We collect this data on the basis of our legitimate interests in accordance with Article 6(1)(f) GDPR.

 

If you get in contact with us using our contact form or via email,
your details, name, email address, rental agreement number and your message will be used exclusively for the purpose of processing and resolving your query. This data is processed by us on the basis of your consent in accordance with Article 6(1)(a) GDPR.

 

We process your name, address, order details and payment information
 for the purpose of contract performance. We process this data on the basis of Article 6(1b) GDPR for the performance of the contract. If necessary to process your order, we will pass your name, your address and, if applicable, your telephone number on to the company commissioned with delivery to arrange a delivery date, and your payment details on to the bank handling the payment. We process this data on the basis of Article 6(1b) GDPR for the performance of the contract.

 

When you open a customer account (service portal), you thereby consent
to your basic data such as your name, address, email address and bank details as well as your user data (username, password) being stored. This gives you the option of ordering from us using your email address or your customer number and your personal password. We thereby obtain the following consent: “(...) I would like to open a customer account (service portal). Please store my data for this purpose. I can withdraw my consent at any time, e.g. by email.” Your data is processed on the basis of your consent in accordance with Article 6(1)(a) GDPR.

 

On our website we use the quality seal for online shops “EHI Geprüfter Online-Shop”, a widget by EHI Retail Institute GmbH, Spichernstraße 55, 50672 Köln („EHI“). Whilst using our website dynamic content (current rating of the shop, certificate etc.) will be loaded into the widget. At the same time your IP address, the website that you visited before, the date and time of your visit, the amount of data transmitted, the browser type and version, your operating system and the requesting provider (referrer data) will be transmitted to the servers of EHI. The processing results from our eligible interest to improve our offer according to Art. 6 Abs. 1 f) GDPR. More information on data protection at EHI are provided on: www.ehi-siegel.de/datenschutz

 

We only store personal data for as long as it is necessary for the purposes
for which it is processed or until you withdraw consent you have previously given. If statutory retention periods must be observed, e.g. under commercial and fiscal law, the storage period for certain data can be up to 10 years.

 

3.   Right of access

1) You have the right to obtain from us confirmation as to whether or not personal data concerning you is being processed. If this is the case, you have a right of access to the personal data and to the following information:

 

a) the purposes of the processing

b) the categories of personal data concerned

c) the recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations

d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period

e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing

f) the right to lodge a complaint with a supervisory authority

g) where the personal data is not collected from the data subject, any available information as to the source of the data

h) the existence of automated decision-making, including profiling, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

 

2) If personal data has been transmitted to a third country or an
international organisation, you have the right to be informed of the appropriate safeguards associated with the transmission.

 

3) We will provide a copy of the personal data undergoing processing. For any further copies that you request, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless you request otherwise, the information will be provided in a commonly used electronic form.

 

4) The right to obtain a copy referred to in paragraph 1b will not adversely affect the rights and freedoms of others.

 

4.   Right to rectification

You have the right to obtain from us without undue delay the rectification of
inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

 

5.   Right to erasure

1) You have the right to obtain from us the erasure of
personal data concerning you without undue delay. We are obliged to erase personal data without undue delay where one of the following grounds applies:

 

a) The personal data is no longer necessary for the purposes for which it was collected or o therwise processed.

b) You withdraw the consent on which the processing is based in accordance with Article 1, and there is no other legal ground.

c) You object to the processing in accordance with Article 9(1) and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Article 9(2).

d) The personal data has been processed unlawfully.

e) The personal data has to be erased to fulfil a legal obligation under the Union or Member State law to which the controller is subject.

f) The personal data has been collected in relation to information society services offered.

 

2) Where we have made the personal data public and are obliged to
 erase it, we, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by them of any links to, or copies or replications of, this personal data.

 

3) Paragraphs 1 and 2 do not apply to the extent that processing is necessary:

 

a) for exercising the right of freedom of expression and information

b) for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

c) for reasons of public interest in the area of public health

d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes which render impossible or seriously impair the achievement of the objectives of the processing or

e) for the establishment, exercise or defence of legal claims

 

6.   Right to restriction of processing

1) You have the right to obtain from us the restriction of processing where one of the following applies:

 

a) the accuracy of your personal data is contested, for a period enabling us to verify the accuracy of the personal data.

b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of use of the personal data instead.

c) we no longer need the personal data for the purposes of the processing, but you need it for the establishment, exercise or defence of legal claims.

d) You object to processing in accordance with Article 9 (1) pending the verification of whether our legitimate grounds override those of the data subject.

 

2) Where processing has been restricted under paragraph 1, this
 personal data may, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

 

3) If you have obtained restriction of processing pursuant to paragraph 1,
we will inform you before the restriction is lifted.

 


Notification obligation regarding rectification or erasure of personal data or restriction of processing

 


We will communicate any rectification or erasure of personal data or restriction of processing to all recipients to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort. We will inform you of these recipients if you request it.

 

7.   Right to data portability

1) You have the right to receive the personal data concerning you which
you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit this data to another controller without hindrance from us, to whom the personal data has been provided, where:

 

a) the processing is based on consent.

b) the processing is carried out by automated means.

 

2) In exercising your right to data portability pursuant to paragraph 1,
you have the right to have the personal data transmitted directly from us to another controller, where technically feasible.

 

3) The exercise of the right referred to in paragraph 1 of this Article is without prejudice to Article  5. This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

 

4) The right referred to in paragraph 2 may not adversely affect the rights and freedoms of others.

 

8.   Transfer of personal data

Personal data will only be transferred to third parties within the bounds of the necessary purpose limitation in accordance with the German Federal Data Protection Act. We send surveys to our customers by email during customer satisfaction analyses. We also work with a partner contracted by us (eKomi Ltd, “eKomi”), which works in accordance with the provisions of the German Federal Data Protection Act and takes data security precautions. The customer survey for evaluating our product and service solutions is sent by eKomi and completed anonymously, so that it is not possible to draw any conclusions as to identity.

 

9.   Right to object

1) You have the right to object, on grounds relating to your particular
situation, at any time to the processing of personal data concerning you. We will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

 

2) Where we process personal data for direct marketing purposes,
you have the right to object to processing for such marketing at any time. This also applies for profiling, provided it is connected with such direct marketing.

 

3) Where you object to processing for direct marketing purposes,
the personal data will no longer be processed for these purposes.

 

4) At the time of the first communication, we will expressly advise you
of the rights stated in paragraphs 1) and 2).

 

5) In the context of use of information society services, and notwithstanding Directive 2002/58/EC,
you may exercise your right to object by automated means using technical specifications.

 

6) Where personal data is processed for scientific or historical research purposes or statistical purposes, you, on grounds relating to your
particular situation, will have the right to object to the processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

 

You have the right to lodge a complaint with the competent
data protection authority at any time. If you would like to exercise this right, you can lodge a complaint with the following authority:

 

Data Protection Authority of Saxony (Sächsische Datenschutzbehörde)

Andreas Schurig

Bernhard-von-Lindenau-Platz 1

01067 Dresden

 

10.   Cookies

A “cookie” is a small text file which is sent by us to your computer or
your mobile device when you visit our website. A cookie can only contain information which we send to your computer ourselves - private data cannot be retrieved from it.

 

On certain pages (e.g. when registering for the user area), we use cookies without being able to inform you of this. The cookies are deleted at the end of the session. The data stored in our cookies is not linked to your personal data (name, address, etc.).

 

You can delete cookies from your computer or your mobile device in your browser settings. Under the menu item “Help” in your browser, you can learn about dealing with cookies and delete them. You can either disable these or be notified when a new cookie is transmitted to your computer or your mobile device. If you do not allow cookies, certain features of our website will not be available to you under certain circumstances, and some pages may not be displayed properly.

 

11.   Google analytics

Data for marketing and optimisation purposes is collected on our website using tracking tools and stored. A usage profile is generated under a pseudonym from the data collected. The tracking tool we use on our website is Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses so-called “cookies”, which are text files placed on your computer and that enable your use of the website to be analysed. The information generated by the cookie about your use of this website (including your IP address) is transferred to a Google server in the USA and stored there. Google will use this information for the purpose of analysing your use of the website, compiling reports on website activities for website operators and providing other services linked to website use and Internet use. Google will also transfer this information to third parties where necessary, insofar as this is required by law or where the third party processes this information on Google's behalf. On no account will Google link your IP address to other Google data. You can prevent the installation of cookies via the corresponding setting in your browser software; however, we would also advise that in this case, you may not be able to completely use all functions of this website. By using this website, you give your consent to the processing of the data obtained about you by Google in the manner described above and for the aforementioned purpose.
You have the right to object to the processing of your data by Google Analytics. You can find further information on this at: Link

 


Without your explicit consent, we will not use tracking tools to collect personal data concerning you without your knowledge or to transfer such data to third-party providers and marketing platforms which link data with your personal data (name, address, etc.)

 

12.   Contact person for data protection

For questions about the collection, processing or use of your personal data and for the access to or rectification, blocking or erasure of data, as well as the withdrawal of consent given, please contact:



Contact person: Spirit Legal LLP, vertreten durch Sabine Fuhrmann, Peter Hense, Neumarkt 16-18, 04109 Leipzig, E-Mail: info@spiritlegal.com

 


If you have any questions and suggestions, please contact us at info@mietra.de or by telephone on 034345/7295-0 (Monday to Friday from 8 am to 6 pm).

 


Last updated: May 2018

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