1. Introduction

With the following information, we would like to give you as a “data subject” an overview of the processing of your personal data by us and your rights under data protection laws. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.

The processing of personal data, such as your name, address or e-mail address, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to “GERSTENBERG living GmbH”. By means of this data protection declaration, we would like to inform you about the scope and purpose of the personal data we collect, use and process.

As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us by alternative means, for example by telephone or post.

You too can take simple and easy-to-implement measures to protect yourself against unauthorized access to your data by third parties. We would therefore like to give you some tips on how to handle your data securely:

• Protect your account (login, user or customer account) and your IT system (computer, laptop, tablet or mobile device) with secure passwords.
• Only you should have access to the passwords.
• Make sure that you only ever use your passwords for one account (login, user or customer account).
• Do not use the same password for different websites, applications or online services.
• The following applies in particular when using publicly accessible IT systems or IT systems shared with other people: You should always log out after logging in to a website, application or online service.

Passwords should consist of at least 12 characters and be chosen in such a way that they cannot be easily guessed. Therefore, they should not contain common everyday words, your own name or the names of relatives, but should contain upper and lower case letters, numbers and special characters.

2. responsible person

The controller within the meaning of the GDPR is the:

GERSTENBERG living GmbH
Kornmarkt 22
02625 Bautzen
Germany

Representative of the responsible person: Katja Gerstenberg, Stefan Reineke

3. data protection officer

You can reach the data protection officer as follows:

DataOrga GmbH – Ingo Krause
E-Mail: info@gerstenberg-living.de

You can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

4. definitions

The data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this privacy policy:

4.1 Personal data

Personal data is any information relating to an identified or identifiable natural person. 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

4.2 Person concerned

Data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company).

4.3 Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4.4 Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.

4.5 Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

4.6 Pseudonymization

Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

4.7 Processors

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

4.8 Processors

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

4.9 Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

4.10 Consent

Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

5. legal basis of the processing

Art. 6 para. 1 lit. a) GDPR (in conjunction with. § Section 25 (1) TDDDG (formerly TTDSG)) serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose.

If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 para. 1 lit. b) GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services.

If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 para. 1 lit. c) GDPR.

In rare cases, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 para. 1 lit. d) GDPR.

Ultimately, processing operations could be based on Art. 6 para. 1 lit. f) GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if you are a customer of our company (Recital 47 Sentence 2 GDPR).

Our services are generally aimed at adults. Persons under the age of 16 may not transmit any personal data to us without the consent of their parents or legal guardians. We do not request personal data from children and young people, do not collect it and do not pass it on to third parties.

6. transmission of data to third parties

Your personal data will not be transferred to third parties for purposes other than those listed below.

We only pass on your personal data to third parties if:

• you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a) GDPR,
• the disclosure is permitted in accordance with Art. 6 para. 1 lit. f) GDPR to protect our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
• in the event that a legal obligation exists for the disclosure pursuant to Art. 6 para. 1 lit. c) GDPR, and
• this is legally permissible and necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 lit. b) GDPR.

In order to protect your data and, if necessary, to enable us to transfer data to third countries (outside the EU/EEA), we have concluded data processing agreements based on the European Commission’s standard contractual clauses. If the standard contractual clauses are not sufficient to establish an adequate level of security, your consent may serve as the legal basis for the transfer to third countries in accordance with Art. 49 para. 1 lit. a) GDPR. This may not apply in the case of data transfer to third countries for which the European Commission has issued an adequacy decision pursuant to Art. 45 GDPR.

7. technology

7.1 SSL/TLS encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us as the operator. You can recognize an encrypted connection by the “https://” instead of “http://” in the address line of the browser and by the lock symbol in your browser line.

We use this technology to protect your transmitted data.

7.2 Data collection when visiting the website

If you only use our website for informational purposes, if you do not register or otherwise provide us with information or do not give your consent to processing that requires consent, we only collect data that is technically necessary for the provision of the service. This is regularly data that your browser transmits to our server (“in so-called server log files”). Our website collects a range of general data and information each time you or an automated system accesses a page. This general data and information is stored in the server log files. The following can be recorded:

• browser types and versions used,
• the operating system used by the accessing system,
• the website from which an accessing system reaches our website (so-called referrer),
• the subpages that are accessed via an accessing system on our website,
• the date and time of access to the website,
• a shortened Internet Protocol address (anonymized IP address) and,
• the Internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is required to

• to deliver the content of our website correctly,
• optimize the content of our website and the advertising for it,
• to ensure the long-term functionality of our IT systems and the technology of our website, and
• to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber-attack.

This collected data and information is therefore evaluated by us both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

The legal basis for data processing is Art. 6 para. 1 lit. f) GDPR. Our legitimate interest follows from the data collection purposes listed above.

7.3 Hosting by All-Inkl

We host our website at ALL-INKL.COM – Neue Medien Münnich, Inh. René Münnich, Hauptstraße 68, 02742 Friedersdorf (hereinafter referred to as All-Inkl).

When you visit our website, your personal data (e.g. IP addresses in log files) are processed on All-Inkl’s servers.

The use of All-Inkl is based on Art. 6 para. 1 lit. f) GDPR. We have a legitimate interest in the most reliable presentation, provision and security of our website.

We have concluded a data processing agreement (DPA) with All-Inkl in accordance with Art. 28 GDPR. This is a contract prescribed by data protection law, which ensures that All-Inkl processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

You can find more information about All-Inkl’s privacy policy at: https://all-inkl.com/datenschutzinformationen/

8. dispatch of company information

If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to send you information about our company. In accordance with Section 7 (3) UWG, we do not need to obtain separate consent from you for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising in accordance with Art. 6 para. 1 lit. f) GDPR. If you have initially objected to the use of your email address for this purpose, we will not send you any emails. You are entitled to object to the use of your email address for the aforementioned advertising purpose at any time with effect for the future by sending a message to the controller named at the beginning. You will only incur transmission costs for this in accordance with the basic rates. Upon receipt of your objection, the use of your e-mail address for advertising purposes will be discontinued immediately.

9 Our activities in social networks

So that we can also communicate with you on social networks and inform you about our services, we have our own pages there. If you visit one of our social media pages, we are jointly responsible with the provider of the respective social media platform for the processing operations triggered by this, within the meaning of Art. 26 GDPR.

We are not the original provider of these pages, but only use them within the scope of the possibilities offered to us by the respective providers.

As a precautionary measure, we would therefore like to point out that your data may also be processed outside the European Union or the European Economic Area. Use may therefore be associated with data protection risks for you, as it may be more difficult to safeguard your rights, e.g. to information, deletion, objection, etc., and processing in social networks is often carried out directly for advertising purposes or for the analysis of user behavior by the providers without us being able to influence this. If user profiles are created by the provider, cookies are often used or the user behavior is assigned to your own social network member profile.

The described processing operations of personal data are carried out in accordance with Art. 6 para. 1 lit. f) GDPR on the basis of our legitimate interest and the legitimate interest of the respective provider in order to be able to communicate with you in a timely manner or to inform you about our services. If you have to give your consent to data processing as a user to the respective providers, the legal basis is Art. 6 para. 1 lit. a) GDPR in conjunction with Art. 7 GDPR. Art. 7 GDPR.

As we do not have access to the providers’ databases, we would like to point out that it is best to assert your rights (e.g. to information, correction, deletion, etc.) directly with the respective provider. Further information on the processing of your data in the social networks is provided below by the respective social network provider we use:

9.1 Facebook

(Joint) controller for data processing in Europe:

Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

Privacy policy (data policy): https://www.facebook.com/about/privacy

9.2 Instagram

(Joint) controller for data processing in Germany:

Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

Privacy policy (data policy): https://instagram.com/legal/privacy/

9.3 LinkedIn

(Joint) controller for data processing in Europe: LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland

Privacy policy: https://www.linkedin.com/legal/privacy-policy

10. your rights as a data subject

10.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data concerning you is being processed.

10.2 Right to information Art. 15 GDPR

You have the right to receive free information from us at any time about the personal data stored about you and a copy of this data in accordance with the statutory provisions.

10.3 Right to rectification Art. 16 GDPR

You have the right to request the rectification of inaccurate personal data concerning you. You also have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

10.4 Erasure Art. 17 GDPR

You have the right to demand that we delete the personal data concerning you immediately, provided that one of the reasons provided by law applies and insofar as the processing or storage is not necessary.

10.5 Restriction of processing Art. 18 GDPR

You have the right to demand that we restrict processing if one of the legal requirements is met.

10.6 Data portability Art. 20 GDPR

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. You also have the right to transmit those data to another controller without hindrance from us to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Furthermore, when exercising your right to data portability pursuant to Art. 20 (1) GDPR, you have the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

10.7 Objection Art. 21 GDPR

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(e) (data processing in the public interest) or (f) (data processing on the basis of a balancing of interests) of the GDPR.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 GDPR.

If you object, 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 if the processing serves the establishment, exercise or defense of legal claims.

In individual cases, we process personal data for the purpose of direct advertising. You can object to the processing of your personal data for the purpose of such advertising at any time. This also applies to profiling insofar as it is associated with such direct advertising. If you object to processing for direct marketing purposes, we will no longer process the personal data for these purposes.

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out by us for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

You are free to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

10.8 Revocation of consent under data protection law

You have the right to withdraw your consent to the processing of personal data at any time with effect for the future.

10.9 Complaint to a supervisory authority

You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.

11 Routine storage, deletion and blocking of personal data

We process and store your personal data only for the period of time required to achieve the purpose of storage or if this is provided for by the legal regulations to which our company is subject.

If the storage purpose no longer applies or if a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

12. duration of the storage of personal data

The criterion for the duration of the storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.

13. up-to-dateness and amendment of the privacy policy

This privacy policy is currently valid and has the status: October 2024.

It may become necessary to amend this privacy policy as a result of the further development of our website and services or due to changes in legal or official requirements. You can access and print out the current privacy policy at any time on the website at “https://gerstenberg-living.de/datenschutzaerklaerung/”.

This privacy policy was created with the support of the data protection software: audatis MANAGER.