In accordance with the statutory provisions of data protection law (in particular the new version of the German Federal Data Protection Act (BDSG) and the European General Data Protection Regulation (GDPR)), we inform you below about the type, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. With regard to the definition of terms such as "personal data" or "processing", we refer to Art. 4 GDPR.
Name and contact details of the controller(s)Our controller (hereinafter "controller") within the meaning of Art. 4 (7) GDPR is:
XFactor Trade GmbH
Teinacherstr. 46
71634 Ludwigsburg Germany
Managing Director Yilmaz Karaoglu
Commercial register no.: HRB 744370
Register court: Stuttgart Local Court
Fax: + 49 7141 388 22 02
E-mail address: info@xfactor-gmbh.de
Types of data, purposes of processing and categories of data subjects
Below we inform you about the type, scope and purpose of the collection, processing and use of personal data.
1. types of data that we processUsage data (access times, websites visited, etc.), inventory data (name, address, etc.), contact data (telephone number, e-mail, fax, etc.),
2. purposes of the processing pursuant to Art. 13 para. 1 c) GDPR
Optimize website technically and economically, Enable easy access to the website, Fulfill contractual obligations, Contact in the event of legal complaints by third parties, Fulfill legal retention obligations, Optimize and statistically evaluate our services, Improve user experience, Make website user-friendly, Economical operation of advertising and website, Marketing / sales / advertising, Avoid SPAM and abuse, Customer service and customer care, Handle contact requests, Provide websites with functions and content, Security measures,
3. categories of data subjects pursuant to Art. 13 para. 1 e) GDPR
Visitors/users of the website, customers, suppliers,
The persons concerned are collectively referred to as "users".
Legal basis for the processing of personal data
Below we inform you about the legal basis for the processing of personal data:
- If we have obtained your consent for the processing of personal data, Art. 6 para. 1 sentence 1 lit. a) GDPR is the legal basis.
- If processing is necessary for the performance of a contract or in order to take steps at your request prior to entering into a contract, the legal basis is Article 6(1)(b) GDPR.
- If processing is necessary to fulfill a legal obligation to which we are subject (e.g. statutory retention obligations), Art. 6 para. 1 sentence 1 lit. c) GDPR is the legal basis.
- If the processing is necessary to protect the vital interests of the data subject or another natural person, Art. 6 para. 1 sentence 1 lit. d) GDPR is the legal basis.
- If the processing is necessary to protect our legitimate interests or those of a third party and your interests or fundamental rights and freedoms do not outweigh this, Art. 6 para. 1 sentence 1 lit. f) GDPR is the legal basis.
Disclosure of personal data to third parties and processors
We do not pass on any data to third parties without your consent. Should this nevertheless be the case, the data will be passed on on the basis of the aforementioned legal bases, e.g. when passing on data to online payment providers to fulfill the contract or due to a court order or due to a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.
We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of an agreement on order processing, this is always done in accordance with Art. 28 GDPR. We select our processors carefully, monitor them regularly and have been granted the right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and comply with the data protection regulations according to BDSG n.F. and GDPR
Data transfer to third countries
The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data is therefore primarily processed by companies to which the GDPR applies. However, if processing is carried out by third parties outside the European Union or the European Economic Area, these must fulfill the special requirements of Art. 44 et seq. GDPR must be met. This means that the processing is carried out on the basis of special guarantees, such as the EU Commission's officially recognized determination of a level of data protection corresponding to the EU or compliance with officially recognized special contractual obligations, the so-called "standard contractual clauses".
Insofar as we obtain your express consent to the transfer of data to the USA due to the ineffectiveness of the so-called "Privacy Shield", in accordance with Art. 49 para. 1 sentence 1 lit. a) GDPR, we would like to point out the risk of secret access by US authorities and the use of the data for surveillance purposes, possibly without legal remedies for EU citizens.
Deletion of data and storage duration
Unless expressly stated in this privacy policy, your personal data will be deleted or blocked as soon as you revoke your consent to the processing or the purpose for the storage no longer applies or the data is no longer required for the purpose, unless its further storage is necessary for evidence purposes or there are statutory retention obligations to the contrary. This includes, for example, commercial law retention obligations for business letters in accordance with Section 257 (1) HGB (6 years) and tax law retention obligations for documents in accordance with Section 147 (1) AO (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still required for the conclusion or fulfillment of a contract.
Existence of automated decision-making
We do not use automated decision-making or profiling.
Provision of our website and creation of log files
- If you only use our website for information purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
- IP address;
- Internet service provider of the user;
- Date and time of retrieval;
- Browser type;
- Language and browser version;
- Content of the retrieval;
- Time zone;
- Access status/HTTP status code;
- Amount of data;
- Websites from which the request comes;
- Operating system.
This data is not stored together with your other personal data.
- This data serves the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as their optimization and statistical evaluation.
- The legal basis for this is our legitimate interest in data processing in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR, which also lies in the above purposes.
- For security reasons, we store this data in server log files for a storage period of 30 days. After this period, they are automatically deleted unless we need to retain them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.
Cookies
- We use so-called cookies when you visit our website. Cookies are small text files that your Internet browser places and stores on your computer. When you visit our website again, these cookies provide information to automatically recognize you. Cookies also include so-called "user IDs", where user information is stored by means of pseudonymized profiles. When you visit our website, we inform you about the use of cookies for the aforementioned purposes and how you can object to this or prevent their storage ("opt-out") by means of a reference to our privacy policy.
A distinction is made between the following types of cookie:
- Necessary, essential cookies: Essential cookies are cookies that are absolutely necessary for the operation of the website in order to save certain functions of the website such as logins, shopping cart or user input, e.g. regarding the language of the website.
- Session cookies: Session cookies are required to recognize multiple uses of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information obtained in this way is used to optimize our services and make it easier for you to access our site. When you close the browser or log out, the session cookies are deleted.
- Persistent cookies: These cookies remain stored even after the browser is closed. They are used to store the login, to measure reach and for marketing purposes. They are automatically deleted after a specified period, which may vary depending on the cookie. You can delete the cookies at any time in the security settings of your browser.
- Cookies from third-party providers (third-party cookies, especially from advertisers): You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. However, we would like to point out that you may then not be able to use all the functions of this website. Read more about these cookies in the respective privacy policies of the third-party providers.
- Data categories: User data, cookie, user ID (inb. the pages visited, device information, access times and IP addresses).
- Purposes of the processing: The information obtained in this way serves the purpose of optimizing our web offers technically and economically and to provide you with easier and more secure access to our website.
- Legal bases: If we process your personal data with the help of cookies on the basis of your consent ("opt-in"), then Art. 6 para. 1 sentence 1 lit. a) GDPR is the legal basis. Otherwise, we have a legitimate interest in the effective functionality, improvement and economic operation of the website, so that in this case Art. 6 para. 1 sentence 1 lit. f) GDPR is the legal basis. The legal basis is also Art. 6 para. 1 sentence 1 lit. b) GDPR if the cookies are set to initiate a contract, e.g. for orders.
- Storage period/deletion: The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
Cookies are otherwise stored on your computer and transmitted from it to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
Here you will find information on deleting cookies by browser:
Chrome: https://support.google.com/chrome/answer/95647
Safari: https://support.apple.com/de-at/guide/safari/sfri11471/mac
Firefox: https://support.mozilla.org/de/kb/cookies-und-website-daten-in-firefox-loschen
Internet Explorer: https://support.microsoft.com/de-at/help/17442/windows-internet-explorer-delete-manage-cookies
Microsoft Edge: https://support.microsoft.com/de-at/help/4027947/windows-delete-cookies
- Objection and "opt-out": You can generally prevent the storage of cookies on your hard disk, regardless of consent or legal permission, by selecting "Do not accept cookies" in your browser settings. However, this may limit the functionality of our services. You can object to the use of cookies from third-party providers for advertising purposes via a so-called "opt-out" via this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de/praferenzmanagement/).
Contact via contact form / e-mail / fax / post
- When contacting us by contact form, fax, post or e-mail, your data will be processed for the purpose of handling the contact request.
- If you have given your consent, the legal basis for the processing of the data is Art. 6 para. 1 sentence 1 lit. a) GDPR. The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 para. 1 sentence 1 lit. f) GDPR. The controller has a legitimate interest in the processing and storage of the data in order to be able to answer user inquiries, to preserve evidence for liability reasons and, if necessary, to comply with its statutory retention obligations for business letters. If the contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b) GDPR.
- We may store your details and contact request in our Customer Relationship Management System ("CRM System") or a comparable system.
- The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with you has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified. We store inquiries from users who have an account or contract with us for a period of two years after termination of the contract. In the case of statutory archiving obligations, the deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.
- You have the option to revoke your consent to the processing of personal data at any time in accordance with Art. 6 para. 1 sentence 1 lit. a) GDPR. If you contact us by email, you can object to the storage of your personal data at any time.
Google Adsense
- We have integrated advertisements from the Google service "Adsense" (Service provider: Google Ireland Limited, Registernr.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website. The advertisements are identified by the (i) note "Google ads" in each advertisement.
- Data categories and description of data processing: Usage data/communication data; when you visit our website, Google receives the information that you have accessed our website. For this purpose, Google places a web beacon or cookie on your computer. The data is also transferred to the USA and analyzed there. If you are logged in with a Google account, Adsense can assign the data to your account. If you do not wish this to happen, you must log out before visiting our website. However, other information may also be used by Google for this purpose:
- the type of websites you visit and the mobile apps installed on your device;
- Cookies in your browser and settings in your Google account;
- Websites and apps you have visited;
- Your activities on other devices;
- previous interactions with Google ads or advertising services;
- Your Google account activity and information.
When a user clicks on an Adsense ad, their IP is processed by Google (usage data), whereby the processing is pseudonymized (so-called "advertising ID") by shortening the IP by the last two digits. For personalized advertising, Google does not link identifiers from cookies or similar technologies with special categories of personal data in accordance with Art. 9 GDPR, such as ethnic origin, religion, sexual orientation or health.
- Purpose of the processing: We have activated personalized ads in order to show you more interesting advertising that supports the commercial use of our website, increases the value for us and improves the user experience for you. Personalized advertising allows us to reach users via Adsense based on their interests and demographic characteristics (e.g. "sports enthusiasts"). In addition, the processing is used for tracking, remarketing and conversion measurement as well as to finance our website.
- Legal bases: If you have given your consent ("opt-in") for the processing of your personal data by means of "Google Adsense with personalized ads", then Art. 6 para. 1 sentence 1 lit. a) GDPR is the legal basis. Otherwise, the legal basis for the processing of your data is Art. 6 para. 1 sentence 1 lit. f) GDPR due to our legitimate interests in the analysis, optimization and efficient economic operation of our advertising and website.
- Data transmission/recipient category: Google Ireland, USA; This website has also activated Google AdSense ads from third-party providers. The aforementioned data may also be transferred to these third-party providers "Certified External Vendors" named under https://support.google.com/dfp_sb/answer/94149 be transferred.
- Storage duration: The data is stored for up to 24 months after the last visit.
- Objection and removal options ("opt-out"):You can object to or prevent the installation of cookies by Google Adsense in various ways:
- You can deactivate the cookies in your browser by Setting "Do not accept cookies" which also includes third-party cookies;
- You can go directly to Google via the link https://adssettings.google.com deactivate the personalized ads on Google, whereby this setting is only valid until you delete your cookies. To deactivate personalized advertising on mobile devices you will find instructions here: https://support.google.com/adsense/troubleshooter/1631343;
- You can use the personalized Display of third-party providerswho participate in the advertising self-regulation initiative "About Ads" via the link https://optout.aboutads.info for US sites or for EU sites at http://www.youronlinechoices.com/de/praferenzmanagement/ This setting is only valid until you delete all your cookies;
- You can use a Browser plug-in for Chrome, Firefox or Internet Explorer under the link https://support.google.com/ads/answer/7395996 permanently deactivate cookies. This deactivation may mean that you can no longer use all the functions of our website to their full extent.
- In Google's privacy policy for advertising at https://policies.google.com/technologies/ads you will find further information on the use of Google cookies in ads and their advertising technologies, storage duration, anonymization, location data, how they work and your rights.
Rights of the data subject
- Objection or revocation against the processing of your data
Insofar as the processing is based on your consent pursuant to Art. 6 para. 1 sentence 1 lit. a), Art. 7 GDPR, you have the right to withdraw your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.
Insofar as we base the processing of your personal data on the balancing of interests pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR, you can object to the processing. This is the case if, in particular, the processing is not necessary for the performance of a contract with you, which is described by us in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and will either discontinue or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing.
You can object to the processing of your personal data for advertising and data analysis purposes at any time. You can exercise your right to object free of charge. You can inform us of your objection to advertising using the following contact details:
XFactor Trade GmbH
Teinacherstr. 46
71634 Ludwigsburg Germany
Managing Director Yilmaz Karaoglu
Commercial register no.: HRB 744370
Register court: Stuttgart Local Court
Fax: + 49 7141 388 22 02
E-mail address: info@xfactor-gmbh.de
- Right to information
You have a right to information about your personal data stored by us in accordance with Art. 15 GDPR. This includes, in particular, information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it was not collected directly from you. - Right to rectification
You have a right to rectification of incorrect data or completion of correct data in accordance with Art. 16 GDPR.
- Right to erasure
You have a right to erasure of your data stored by us in accordance with Art. 17 GDPR, unless statutory or contractual retention periods or other statutory obligations or rights to further storage prevent this.
- Right to restriction
You have the right to request a restriction on the processing of your personal data if one of the conditions in Art. 18 para. 1 lit. a) to d) GDPR is met:
- If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
- if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the controller outweigh your reasons.
- Right to data portability
You have a right to data portability in accordance with Art. 20 GDPR, which means that you can receive the personal data we have stored about you in a structured, commonly used and machine-readable format or request that it be transferred to another controller.
- Right to complain
You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority, in particular in the Member State of your place of residence, your place of work or the place of the alleged infringement.
Data security
We have taken appropriate technical and organizational security measures to protect all personal data that is transmitted to us and to ensure that we and our external service providers comply with data protection regulations. Therefore, among other things, all data between your browser and our server is transmitted in encrypted form via a secure SSL connection.
Status: 22.11.2021
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