This privacy policy 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 related website, functionality, and content associated with this online offer, as well as external online presences, such as our social media profile (hereinafter jointly referred to as the “online offer”). With regard to the terms used, such as “processing” or “responsible person,” we refer to the definitions in article 4 of the Basic Data Protection Regulation (DSGVO).
Responsible person
Ulrike Gottschau – JUST SWAP IT.
Wildenbruchplatz 6
12045 Berlin, Germany
eMail: kontakt@justswapit.de
Managing director/owner: Ulrike Gottschau
Link to contact and legal information: https://justswapit.de/impressum/
Types of data processed:
– Stock data (e.g.: names, addresses)
– Contact data (e.g.: email, phone numbers)
– Content data (e.g.: text-field entries, photographs, videos)
– Usage data (e.g.: websites visited, interest in content, access times)
– Meta/communication data (e.g.: device information, IP addresses)
Purpose of processing
– Provision of the online offer, its functions and contents
– Responding to requests and communication with (potential) customers and website visitors
– Security measures
– Measuring reach, marketing purposes
Terms used
“Personal data” shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as “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. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“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 covers virtually all processing of data.
“Controller” shall mean 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.
Relevant legal basis
In accordance with article 13 of the Basic Data Protection Regulation (DSGVO), we inform you of the legal basis of our data processing. If any legal basis is not stated in the privacy policy provided, the following applies: The legal basis for obtaining consents is article 6, paragraph 1, item a as well as article 7 of the DSGVO; the legal basis for processing for the purpose of fulfilling our services, implementing contractual measures, and responding to inquiries is article 6, paragraph 1 1, item b of the DSGVO; the legal basis for processing for the purpose of fulfilling our legal obligations is article 6, paragraph 1, item c of the DSGVO; and the legal basis for processing for the purpose of safeguarding our legitimate interests is article 6, paragraph 1, item f of the DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, article 6, paragraph 1, item d of the DSGVO serves as the legal basis.
Security measures
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. to give your consent) or to receive other individual notification.
Cooperation with contract processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them, or otherwise grant them access to the data, this will only be done on the basis of a legal authorization (e.g. if the data must be transferred to third parties, such as payment service providers, in accordance with article 6, paragraph 1, item b DSGVO for the fulfillment of the contract), if you have given your consent, if a legal obligation provides for this, or if this is performed on the basis of our legitimate interests (e.g. when using service-providers, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “contract processing agreement,” this is done on the basis of article 28 of the DSGVO.
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 is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfill 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 permissions, we will only process or transfer data to a third country if the special requirements of article 44 ff of the DSGVO. In other words, processing is carried out, for example, on the basis of special guarantees, such as the officially recognized 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 recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to request confirmation as to whether or not data in question is being processed and to obtain information about this data, as well as to receive further information and a copy of the data in accordance with article 15 of the DSGVO.
You have the right to request the completion of data concerning you or the correction of incorrect data concerning you, according to article 16 of the DSGVO.
Under article 17 of the DSGVO, you have the right to demand that data concerning you be deleted immediately, or alternatively, under article 18 of the DSGVO, to demand that the processing of the data be restricted.
You have the right to request that the data concerning you which you have made available to us be received in accordance with article 20 of the DSGVO and to demand that it be passed on to other responsible parties.
You also have the right to lodge a complaint with the competent supervisory authority in accordance with article 77 of the DSGVO.
Right of withdrawal
You have the right to revoke consents granted in accordance with Art. 7 para. 3 DSGVO with effect for the future.
Right of objection
You can object to the future processing of data concerning you at any time in accordance with article 21 of the DSGVO. In particular, you may object to processing for the purposes of direct advertising.
Cookies and right of objection for direct advertising
“Cookies” are small files that are stored on the user’s computer. Different information can be stored within cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visiting an online offer. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offer and closes their browser. In such a cookie, for example, the contents of a shopping cart for an online shop or the status of one’s login can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewize, the interests of the users can be stored in such a cookie, which are used to measure reach or for marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online service (if they only include the cookies of this person, they are otherwise called “first-party cookies”).
We may use both temporary and permanent cookies and provide information about this in our 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. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offer, however.
A general objection to the use of cookies used for online marketing purposes can be declared for a number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that not all functions of this online offer can be used then.
Here you can make the desired cookie settings for this site:
change settingDeletion of data
The data processed by us will be deleted or restricted in their processing in accordance with articles 17 and 18 of the DSGVO. Unless expressly stated within the scope of this privacy policy, 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 storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their 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.
According to the legal requirements in Germany, data are stored for 10 years according to §§ 147 of the Statement of Compliance (AO) and paragraph 1, 257 paragraph 1 nos. 1 and 4, paragraph 4 of the German Commercial Code (HGB) (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years according to § 257, paragraph 1, nos. 2 and 3, and paragraph 4 of the German Commercial Code (HGB).
In accordance with legal requirements in Austria, data retention is for a period of 7 years in accordance with § 132, paragraph 1 of the German Tax Code (accounting documents, vouchers/invoices, accounts, vouchers, commercial documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-enterprizes in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Business-related processing
Additionally we process:
– Contract data (e.g., subject matter of the contract, duration, customer category)
– Payment data (e.g., bank details, payment history)
from our customers, interested parties, and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising, and market research.
Hosting
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services which we use for the purpose of operating this online offer.
For this purpose, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties, and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with article 6, paragraph 1, item f of the DSGVO in conjunction with article 28 of the DSGVO (conclusion of contract processing agreement).
Collection of access data and log files
We, or our hosting provider, on the basis of our legitimate interests as defined in article 6, paragraph 1, item f of the DSGVO, collect data at about every access to the server on which this service is located (so-called server log files). The access data collected 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 site), IP address, and the requesting provider.
For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data whose further storage is required for evidential purposes is excluded from deletion until final clarification of the respective incident.
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 article 6, paragraph 1, item b of the DSGVO. The entries marked as obligatory in online forms are required for the conclusion of the contract.
When using our online services, we store the IP address of the user and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized 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 article 6, paragraph 1, item c of the DSGVO.
We process usage data (e.g., the websites visited by our online offer, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile in order to show the user, for example, product information based on the services they have used so far.
The deletion of the data is carried out after the expiry of legal warranty and comparable obligations, and the necessity for the storage of the data is reviewed every three years; in the case of legal archiving obligations, the deletion is carried out after their expiry. Details in any customer account shall remain until the deletion of the same.
Administration, financial accounting, office organization, contact management
We process data within the framework of administrative tasks as well as the organization of our operations, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The basis for processing is article 6, paragraph 1, item c of the DSGVO; article 6, paragraph 1, item f. DSGVO. Customers, interested parties, business partners, and website visitors are affected by the processing. The purpose of and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks which serve to maintain our business activities, perform our tasks, and provide our services. The deletion of data in relation to contractual services and contractual communication corresponds to the information mentioned in these processing activities.
In doing so, we disclose or transfer data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee agencies and payment service providers.
Furthermore, we store information on suppliers, event organizers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. This data, which is mainly company-related, is stored permanently.
Establishing contact
When contacting us (e.g. via contact form, email, telephone, or social media), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with article 6, paragraph 1, item b) DSGVO. The user’s details may be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.
We delete the inquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
Google Analytics
On the basis of our legitimate interests (i.e. interest in the analysis, optimization, and economic operation of our online offer within the meaning of article 6, paragraph 1, item f of the DSGVO, we use Google Analytics, a web analysis service of Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the website by the user is usually transferred to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European data protection law (GDPR)
(https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use the information gathered on our behalf in order to evaluate the use of our website by the users, to compile reports on the activities within this website, and to provide us with further services related to the use of this website and the internet. The processed data can be used to create pseudonymous profiles of users.
We only use Google Analytics with activated IP anonymization. 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 is the full IP address transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting 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 plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
Further information on the use of data by Google, setting and objection options, can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).
The personal data of users will be deleted or anonymized after 14 months.
Online presences in social media
We maintain online presences within social networks and platforms in order to be able to communicate with 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 data protection declaration, we process the data of users if they communicate with us within these social networks and platforms, e.g. write posts or send us messages.
Integration of third-party services and content
Within our online offer, we set the following priorities on the basis of our legitimate interests (i.e. interest in the analysis, optimization, and economic operation of our online offer within the meaning of article 6, paragraph 1, item f of the DSGVO), we use content or service offers from third parties 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 such content are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore required to display this content. We make every effort to use only such content whose respective providers use the IP address only 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 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 technical information on the browser and operating system, referring web pages, visiting time and other details on the use of our online offer, as well as being linked to such information from other sources.
Google Fonts
We integrate the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.