Data Privacy Policy of RETRAIL GmbH
We acknowledge your right to informational self-determination and want to help you exercise this right by providing this information on the use of data and data protection. This Data Privacy Policy explains to you the nature, scope and purposes of personal data collection and use by us, RETRAIL GmbH. Data protection is governed by the European General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG).
1. Controller
The controller as defined in GDPR is RETRAIL GmbH, represented by its Managing Director Frank Passmann, Große Elbstraße 68, 22767 Hamburg, Germany.
2. Collection and use of personal data
a. “Personal data” means any information relating to an identified or identifiable natural person (data subject), for instance by reference to an identifier. For reasons of simplification, this Data Privacy Policy uses the terms “data” and “data subject”.
b. When the first contact is established, in particular by means of the contact form, our email address or telephone number, technical data is automatically recorded. By establishing contact with us, you allow us to store and process the data that you provide in accordance with this Data Privacy Policy. We use the automatically transmitted technical data and the data voluntarily provided by you (in particular, email address, telephone number, name, form of address, address) to contact you as requested. In this context, we store the data provided by you for as long as it is needed to communicate with you and, if applicable, for a resulting contractual relationship (including the steps taken prior to entering into the contract and after termination thereof).
c. Further, we may contact you at a later time to inform you about our services that are related to your reason for first contacting us (direct marketing). You may object to this type of further use at any time. You do not incur any costs beyond the cost of transmission at the base rate by raising such objections. Please address objections to RETRAIL GmbH, f.passmann@retrail.net in an informal email.
d. We (or our website host/provider, Jimdo GmbH, Stresemannstrasse 375, 22761 Hamburg, Germany, www.jimdo.com) collect data concerning the access to our online offering (so-called server logfiles). These access data include the name of the requested web page, the file, the date and time of the request, the data volume transmitted, the notification whether the request was successful, the browser type and version, the user’s operating system, the referrer URL (URL of the previously visited website), the sub-websites that are accessed via an accessing system on our website, the IP address, the requesting provider and similar data that may be needed to defend our systems against attacks. We only use these log data, to the extent that they are transmitted to us, for statistical analysis in order to operate, safeguard and optimise our offering. Nevertheless, we reserve the right to review the log data retrospectively if concrete indications give us a justified reason to suspect illegal use.
e. Cookies
Cookies are small text files that the web browser stores on your computer as soon as you visit a website. Some of the cookies are deleted as soon as the web browser is closed (session cookies), while other cookies remain on the computer (persistent cookies). Cookies enable a website to recognise a user and to attribute different actions to that user. You can deactivate cookies in the settings in your web browser menu. The help function of your web browser provides information on how to do this. If cookies are deactivated, however, a website might not be shown in the best possible quality.
Our website is not using cookies. However, we have no influence on the use of cookies by our website host/provider, Jimdo GmbH. For Cookie policy of our website host/provider, Jimdo GmbH, we refer to the following link https://de.jimdo.com/info/cookies/policy/
3. Storage duration and erasure deadlines
We observe the rules on erasing personal data as stipulated in data protection law (Article 17 (1) and (2) GDPR) and oblige our contractual partners to do the same. Statutory preservation periods (in particular with respect to accounting or taxes) may result in storage obligations that exceed the erasure deadlines as per data protection law. In this case, the statutory preservation periods prevail over the erasure deadlines. Depending on the content of our communication, we may be entitled to store data for a longer period of time, in particular until the end of the statutory periods of limitation (e.g. in case of contract formation). The legal basis for storing data for longer periods is Article 17 (3) GDPR.
4. Forwarding of your data to third parties; third countries
a. We do not sell or hire your data to third parties for commercial purposes.
b. We may forward data to third parties (e.g. internet service providers, cloud services, electronic directories, etc., Google Inc.) in the scope of our overall office organisation. Sometimes, we might incorporate third-party content in our online offering, such as links to other websites or maps from Google Maps. In these cases, the providers of such content see the user’s IP address, as the content cannot be sent to the browser of the respective user without the IP address. Therefore, the IP address is required to display such content. We seek to use such content only if the respective provider exclusively uses the IP address to deliver such content. Nevertheless, in these cases we have no influence over whether such third-party providers store the IP address for statistical purposes and observe data protection rules. We did not know of any data protection infringements when we incorporated such content. Should any infringement become known to us we will remove the respective link.
c. We conclude contracts with our service providers to ensure that the personal data concerning you is protected. If data needs to be transmitted to the USA, and thus outside the application scope of the GDPR, the transmission is usually covered by the US Privacy Shield, an adequacy decision under Article 45 GDPR. Should a corporation not be licensed under the US Privacy Shield, we conclude corresponding contracts with the providers to ensure that your personal data is protected.
d. If your request for establishing contact leads to a contractual relationship with you or your employer, we may forward the personal data concerning you to third parties if this is necessary for the performance of the contract. Due to our company objects, this will usually entail forwarding your contact details to third countries (outside the EU and EEA). Usually, such countries have a lower data protection level. When you place your order, you determine the countries you are interested in. In such cases, we act on your instructions. If your employer is becoming our direct contractual partner, we assume that you have given your prior consent internally to your employer that we are allowed to forward your personal data if necessary for the performance of the contract.
e. We only transmit the personal data concerning you to national or EU authorities that are entitled to receive such information if we are required by law to do so.
5. Legal basis for collecting and using personal data
a. We collect and use personal data if processing is necessary for the performance of a contract to which the data subject is party on the basis of point (b) of Article 6 (1) GDPR. The same applies to the steps taken prior to entering a contract and after contract termination.
b. If we are obliged by law to collect and use data (in particular in connection with accounting, taxes), we process and use personal data on the basis of point (c) of Article 6 (1) GDPR.
c. Processing procedures are further based on point (f) of Article 6 (1) GDPR. This legal basis applies to processing procedures that are not covered by any of the aforementioned legal bases, if processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Our legitimate interest lies in operating our business.
6. Updating your personal data, right to access, rectification, erasure and complaint (rights of the data subject)
Persons, whose personal data we use, have a right to request information at any time as well as other rights, in particular: a right to rectification, to making data unavailable, to erasure, to restriction of processing and to portability of the stored personal data concerning you. You also have the right to withdraw consent previously given for future processing at any time. Furthermore you have the right to lodge a complaint to a supervisory authority if you think that we process your personal data in violation of data protection laws. We would like to point out that your right to rectification of inaccurate data or erasure of personal data can be overruled by statutory preservation periods or other overriding interests. Your rights, the conditions for exercising them and exceptions are described in detail in Chapter 3, Articles 12 to 23 of the GDPR.
Please contact us if you wish to exercise one of these rights by sending an informal email to: f.passmann@retrail.net
7. No automated decision-making or profiling
We do not use automated decision-making or profiling as referred to in Article 22 (1) and (4) GDPR.
8. Amendments to this Data Privacy Policy; valid version
Changes in legislation may make it necessary to amend this Data Privacy Policy. In that case, the most recent version shall apply, unless you exercise your right to object, which may be exercised any time.
9. Contacting the controller
Please address any questions that you may have regarding collection, processing or use of the personal data concerning you, requests for information, rectification, restriction or erasure of data, withdrawals of consent previously given and objections against a certain type of use, to the contact below. An informal email suffices.
RETRAIL GmbH
Große Elbstraße 68,
22767 Hamburg, Germany
f.passmann@retrail.net
RETRAIL GmbH
Managing Director Frank Passmann
Im Stilwerk | Grosse Elbstrasse 68 | 22767 Hamburg | Germany
Tel. + 49 (0)40 300 616 22 | Fax + 49 (0)40 300 616 55
Mob. + 49 (0)173 2040567 | f.passmann@retrail.net | www.retrail.net
