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smartseller Germany
smartseller gmbh & co. kg

koreastr. 3,
20457 hamburg
germany
contact@mysmartseller.eu

Legal form: Limited Partnership
Registered in: Germany at Hamburg district court, HRA no. 125280
VAT number: DE326977614
General partner: smartseller Verwaltungs GmbH
Legal form: limited company
Registered in: Germany at Hamburg district court, HRB no. 159174
Managing director: Karl Niendorf

smartseller Slovenia
smartseller SI trgovina in zastopanje d.o.o.

Zgornji Brnik 130E
4210 Brnik
Slovenia
contact@mysmartseller.eu

Legal form: limited company
Registered in: Slovenia at Kranj district court, no. 8833354000
VAT number: SI16367600
Managing director: Karl Niendorf

Data Protection Statement

General Information

Objective and Responsibility

  1. This Data Privacy Statement is to inform you about the nature, scope and purpose of the processing of personal data related to our online service and the related websites, features and contents (hereinafter collectively referred to as ‘online service’ or ‘website’). Details of these processing activities can be found in Section 2.
  2. Details of data processing for the purpose of carrying out our business processes are described in section 3.
  3. The online service is provided by smartseller GmbH & Co. KG (Koreastr. 3, 20457 Hamburg, Germany) – hereinafter referred to as ‘provider’, ‘we’ or ‘us’ – who is also legally responsible under the data protection law.
  4. Our online service is provided by Bluehost Inc. (10 Corporate Drive, Suite #300, Burlington, MA 01803, USA).
  5. You can reach out to our Data Protection Officer Sven Meyzis – IT.DS Beratung under the E-Mail address S.Meyzis@ITDSB.de and telephone 0049 40-21091514.
  6. The term ‘user’ encompasses all customers, interested people, employees and visitors of our online service.

Legal Bases
We collect and process personal data based on the following legal grounds:

  1. Consent in accordance with article 6 paragraph 1 lit. a General Data Protection Regulation (GDPR). Consent meaning any freely given, specific, informed and unambiguous indication of agreement, which could be in the form of a statement or any other unambiguous confirmatory act, given by the data’s subject consenting to the processing of personal data relating to him or her.
  2. Necessity for the performance of a contract or in order to take steps prior to entering into a contract according to article 6 paragraph 1 lit. b GDPR, meaning the data is required in order for us to fulfil our contractual obligations towards you or to prepare the conclusion of a contract with you.
  3. Processing to fulfil a legal obligation in accordance with article 6 paragraph 1 lit. c GDPR, meaning that e.g. the processing of data is required by law or other provisions.
  4. Processing in order to protect legitimate interests in accordance with article 6 paragraph 1 lit. f GDPR, meaning that the processing is necessary to protect legitimate interests pursued by us or by a third party, unless such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data.

Data Subject Rights
You have the following rights with regards to the processing of your data through us:

  1. The right to lodge a complaint with a supervisory authority in accordance with article 13 paragraph 2 lit. d GDPR and article 14 paragraph 2 lit. e GDPR.
  2. Right of access in accordance with article 15 GDPR
  3. Right to rectification in accordance with article 16 GDPR
  4. Right to erasure (‘right to be forgotten’) in accordance with article 17 GDPR
  5. Right to restriction of processing in accordance with article 18 GDPR
  6. Right to data portability in accordance with article 20 GDPR
  7. Right to objection in accordance with article 21 GDPR

Notice: Users may object to the processing of their personal data in accordance with legal allowances at any time with effect for the future. The objection may in particular be made against processing for the purposes of direct marketing.

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR.

Data Erasure and Duration of Storage

  1. The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage no longer applies. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or fulfilment of a contract.
  2. To the extent necessary, we process your personal data for the duration of our business relationship, which also includes, for example, the initiation and execution of a contract. In addition, we are subject to various storage and documentation obligations, which result, among other things, from the German Commercial Code (HGB) and the German Fiscal Code (AO). The retention and documentation periods specified there are 6 years for correspondence in connection with the conclusion of a contract and 10 years for accounting vouchers (§§ 238, 257 para. 1 and 4 HGB, § 147 para. 1 and 3 AO). Such storage and documentation obligations exist in particular if you conclude a contract with us. Finally, the storage period is also assessed according to the statutory limitation periods, which, for example, according to §§ 195 et seq. of the German Civil Code (BGB), are generally three years, but in certain cases can be up to thirty years. After expiry of the retention and documentation obligations as well as the relevant limitation periods, we delete the data. Log files and cookies are deleted within the periods mentioned below.

Security of Processing

  1. We have implemented appropriate and state-of-the-art technical and organisational security measures (TOMs). Thus, the data that is processed by us is protected against accidental or intentional manipulation, loss, destruction and unauthorized access.
  2. These security measures include in particular the encrypted transfer of data between your browser and our server.

Transfer of Data to Third Parties, Subcontractors and Third Party Providers

  1. A transfer of personal data to third parties only occurs within the framework of legal requirements. We only disclose personal data of users to third parties, if this is required e.g. for billing purposes or other purposes, if the disclosure is necessary to ensure the fulfilment of contractual obligations towards the users.
  2. If we engage subcontractors for our online service, we have made appropriate contractual arrangements as well as adequate technical and organizational measures with these companies.
  3. If we use content, tools or other means from other companies (hereinafter collectively referred to as ‘third party providers’) whose registered offices are located in a third country, it is assumed that a transfer of data to the home countries of these third party providers occurs. The transfer of personal data to third countries takes place exclusively only, if an adequate level of data protection, the user’s consent or another legal permission is present.

Processing within the scope of our online service

Collection of Information on the Use of the Online Service

  1. When using the online service, information is automatically transmitted to us by the user’s browser; this 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.
  2. The processing of this information is based on legitimate interests in accordance with Article 6 paragraph (1) lit. f GDPR (e.g. optimisation of the online service) as well as to ensure the security of the processing in accordance with Article 5 paragraph (1) lit. f GDPR (e.g. for the defence and clarification of cyber attacks).
  3. The information is automatically deleted 30 days after the end of the connection – i.e. use of the online offer – provided that there are no other retention periods to the contrary.
  4. The collection of the data and the storage of the data in log files is absolutely necessary for the provision of the online service. The user therefore has no right to delete, object to or correct the data.

Contacting via E-Mail

  1. if you contact us, your data (name, contact details, if provided by you) and your message will be processed exclusively for the purpose of handling and processing your enquiry. This data is processed by us on the basis of Art. 6 para. 1 lit. a GDPR (consent) for the processing of your enquiry.
  2. Any other use of the data will only take place on the basis of consent by the user.

Links zu anderen Webseiten

  1. Während der Nutzung einiger unserer Services können Sie auch automatisch auf andere Webseiten weitergeleitet werden; dies erfolgt bspw. bei Verlinkungen in Blog-Beiträgen.
  2. Bitte beachten Sie, dass diese Datenschutzerklärung dort keine Gültigkeit hat. Die Datenschutzerklärung der verlinkten Website kann von dieser erheblich abweichen.

Google Web Fonts

  1. In order to display our content correctly and graphically appealing across browsers, we use “Google Web Fonts” from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”) to display fonts on this website.
  2. The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy/.
  3. The Google Fonts are installed locally on our server. There is no connection to Google servers.

Processing for the purpose of carrying out our business processes

Video surveillance

  1. Video recordings are processed on the basis of Article 6 para. 1 lit. f GDPR (balancing of interests) for the following purposes:
    1. Safeguarding the right of the house
    2. Prevention and investigation of criminal offences (in particular theft, robberies, fraud, damage and vandalism)
      In the context of a possible criminal prosecution, the video recordings may be passed on to the competent law enforcement authorities.
  2. Our legitimate interests are:
    1. Protection of property and assets
    2. Protection of customers, visitors and employees
  3. Video recordings are deleted 10 days after recording. A longer storage period will only take place if this is necessary for the enforcement of legal claims or the prosecution of criminal offences in a specific individual case.

Cookies

General Information

  1. Cookies are information transmitted by our web server or third-party web servers to the users’ devices where they are stored for later retrieval. Cookies can be in the form of small files or any other types of information storage.
  2. In the case that users do not want that cookies are stored on their device, they will be asked to disable the corresponding option in their browser’s system settings. Saved cookies may be deleted in the system settings of the browser. The exclusion of cookies can lead to functional impairments of this online service.

Cookie overview

Name

 Provider Function Term
– – – –

Objection Options

You may object to the use of cookies that are used for measuring the range of coverage and promotional purposes via

  1. deactivation page of the Network Advertising Initiative: http://optout.networkadvertising.org/
  2. the US-American website: http://www.aboutads.info/choices
  3. the European website http://www.youronlinechoices.com/uk/your-ad-choices/

Changes to the Data Privacy Policy

  1. We reserve the right to change this Data Privacy Policy with regards to the data processing, in order to adapt it to changed legal situations, to changes of the online service or of the data processing.
  2. If users’ consents are required or if elements of the Data Privacy Policy contain provisions in regards to the contractual relationship with the users, the changes will only be made with the consent of the users.
  3. Users are requested to keep themselves informed about the content of this Data Privacy Policy on a regular basis.

Version: June 2021