Privacy policy and right of cancellation
Privacy policy
The reliable and secure handling of your data is important to us. When you use our website, we may also collect and use personal data in accordance with the applicable data protection regulations. In the following, we explain the type, scope and purpose of data collection and use.
This data protection declaration 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 websites, functions and content connected with it as well as external online presences, such as our social media profiles (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “responsible party”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (DSGVO).
Person responsible: DiamondGroup GmbH
Dreckenacher Weg 1 56295 Lonnig Germany info@diamondgroup.de Managing Directors: Anke Schmidt, Frank Heringer
Contact Data Protection Officer: datenschutz@diamondgroup.de
Types of data processed
– Inventory data (e.g., names, addresses) – Contact data (e.g., email, phone numbers) – Content data (e.g., text entries, photographs, videos) – Usage data (e.g., websites visited, interest in content, access times) – Meta/communication data (e.g., device information, IP addresses)
Categories of persons concerned
Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”) Purpose of the processing: – Provision of the online offer, its functions and content – Answering contact requests and communication with users – Security measures – Reach measurement/marketing
Terminology used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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. cookie) or to 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 any handling of data. “pseudonymisation” means the processing of personal data in such a way that personal data can no longer be related to a specific data subject without additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person. “Profiling” means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location. Controller” means 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. “Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 DSGVO, we inform you of the legal basis for our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 DSGVO, the legal basis for processing for the performance of our services and implementation of contractual measures as well as answering enquiries is Art. 6(1)(b) DSGVO, the legal basis for processing for the performance of our legal obligations is Art. 6(1)(c) DSGVO, and the legal basis for processing for the protection of our legitimate interests is Art. 6(1)(f) DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis.</p><h3 id=”dsg-general-securitymeasures”>Security measures</h3><p>We take measures in accordance with Art. 32 DSGVO, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, appropriate technical and organisational measures to ensure a level of protection appropriate to the risk. The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to, input, disclosure, ensuring availability and segregation of the data. We also have procedures in place to ensure the exercise of data subjects’ rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account in the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).
Cooperation with processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract pursuant to Art. 6 (1) lit. b DSGVO), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). If we commission third parties with the processing of data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 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 third-party services or disclosing or transferring data to third parties, this is only done if it is done in order to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 ff. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised 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 recognised special contractual obligations (so-called “standard contractual clauses”).
Rights of the data subjects
You have the right to request confirmation as to whether data in question are being processed and to information about these data as well as further information and a copy of the data in accordance with Art. 15 of the GDPR. You have the right according to. Article 16 of the GDPR, you have the right to request that the data concerning you be completed or that the inaccurate data concerning you be corrected. In accordance with Art. 17 of the GDPR, you have the right to demand that the data in question be deleted without delay, or alternatively, in accordance with Art. 18 of the GDPR, to demand that the processing of the data be restricted. You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 of the GDPR and to request that it be transferred to other data controllers. You also have the right to lodge a complaint with the competent supervisory authority in accordance with Article 77 of the GDPR.
Right of cancellation
You have the right to revoke any consent granted in accordance with Art. 7 (3) DSGVO with effect for the future Right of objection You may object to the future processing of data relating to you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against processing for direct marketing purposes. Cookies and right to object to direct marketing. Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her visit to 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 his or her browser. In such a cookie, for example, the contents of a shopping basket in an online shop or a login status can be stored. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies” are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only its cookies, they are referred to as “first-party cookies”). We may use temporary and permanent cookies and will explain 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 restrictions of this online offer. A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US American site www.aboutads.info or the EU site 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 then be used.
Data deletion
The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law. According to legal requirements in Germany, data is stored for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters). According to legal requirements in Austria, retention takes place in particular for 7 years pursuant to § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real property and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is claimed.
Order processing in the online shop and customer account
We process the data of our customers in the context of the ordering processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution. The data processed includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. In this context, we use session cookies to store the contents of the shopping cart and permanent cookies to store the login status. The processing is based on Art. 6 Para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permissions and obligations towards legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer’s request for delivery or payment). Users can optionally create a user account, in which they can view their orders in particular. Within the scope of registration, the required mandatory information is provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. Information in the customer account shall remain until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract. Within the scope of registration and renewed registrations as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. As a matter of principle, 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 Art. 6 Para. 1 lit. c DSGVO. The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).
Storage of data when accessing our website through so-called server log files
Visiting our website does not require the provision of personal data. However, we store access data in so-called server log files for statistical purposes. This includes, for example, the files accessed on our website, the date and time of access, the internet browser used, the amount of data or the provider used. Conclusions about your person cannot and should not be drawn from this data. They are only used for statistical purposes to evaluate and improve our website in a customer-oriented manner.
Data collection and use for contract processing and when opening a customer account
Personal data is only collected by us if you voluntarily provide it, for example, as part of your order, when contacting us (e.g. by e-mail) or in particular when opening a customer account. Only the data that you provide to us in an input form or otherwise voluntarily will be collected. Personal data is data that contains information about the identity of a person, e.g. name, address, telephone number, mobile number, date of birth or e-mail address. The data is used to process the contract and other related communication. After complete processing of the contract or deletion of your customer account, your data will be blocked for further use and deleted after expiry of the retention periods under tax and commercial law, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you below. The deletion of your customer account is possible at any time and can be done by sending a message to the
Diamond Group GmbH
Dreckenacher Weg 1
56295 Lonnig
Telephone: +49 (0) 2625 86 64 40
Fax: +49 (0) 2625 86 64 499
E-mail: info@diamondgroup.de
Data transfer for the purpose of contract performance
Insofar as ordered goods are to be delivered to you by us, we will pass on your data required for delivery to the shipping company commissioned by us in order to fulfil the contract. Depending on the payment method selected in the order process, we will pass on the payment data required for processing to the commissioned credit institution or, if applicable, to payment service providers commissioned by us, or to a selected payment service. If a payment service provider collects data itself, its data protection provisions apply.
Use of your data for advertising purposes / right to object
We reserve the right to store the personal data you provide to us, in particular your name, address and, if applicable, your academic degree and title, branch or business name, and to use this data for our own advertising purposes for our range of products, in particular by letter post.
You can object to the storage and use of your data for these purposes at any time by sending a message to the
Diamond Group GmbH
Dreckenacher Weg 1
56295 Lonnig
Telephone: +49 (0) 2625 86 64 40
Fax: +49 (0) 2625 86 64 499
E-mail: datenschutz@diamondgroup.de
object. In the event of an objection, we will not use your data in this form.
Credit assessment and scoring
If you give us your express consent, we reserve the right to have your identity and creditworthiness checked by
R+V Versicherung AG Raiffeisenplatz 1 65189 Wiesbaden, Germany.
obtain.
For this purpose, we transmit your personal data necessary for a credit check to the aforementioned company.
The creditworthiness information may contain probability values (score values), with the help of which probabilities are calculated on the basis of mathematical procedures that a customer will default on payment. Address data is also included in the calculation of the score values. The information obtained can be used by us as a decision criterion as to whether a contract is accepted by us and, if so, under what conditions. You can withdraw your consent at any time by sending a message to
Diamond Group GmbH
Dreckenacher Weg 1
56295 Lonnig
Telephone: +49 (0) 2625 86 64 40
Fax: +49 (0) 2625 86 64 499
E-mail: info@diamondgroup.de
revoke.
A revocation may result in orders no longer being accepted by us or only being accepted under terms of payment to be determined in more detail at that time.
Use of data when subscribing to the e-mail newsletter
We use the data you provide when voluntarily registering for our newsletter to send you a corresponding e-mail newsletter. You can unsubscribe from the newsletter at any time by sending a message to the
Diamond Group GmbH
Dreckenacher Weg 1
56295 Lonnig
Phone: +49 (0) 2625 86 64 40
Fax: +49 (0) 2625 86 64 499
E-mail: info@diamondgroup.de
Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described above or via a link provided for this purpose in the newsletter.
Contractual services
We process the data of our contractual partners and interested parties as well as other clients, customers, clients or contractual partners (uniformly referred to as “contractual partners”) in accordance with Art. 6 para. 1 lit. b. DSGVO, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship. The data processed includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., e-mail addresses and telephone numbers) as well as contractual data (e.g., services used, contents of the contract, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history). As a matter of principle, we do not process special categories of personal data, unless they are part of a commissioned or contractual processing. We process data that is required for the justification and fulfilment of contractual services and point out the necessity of their disclosure, unless this is obvious to the contractual partners. Disclosure to external persons or companies only takes place if it is necessary in the context of a contract. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client as well as the legal requirements. When using our online services, we may store the IP address and the time of the respective user action. This storage is based on our legitimate interests as well as the interests of users in protection against misuse and other unauthorised use. As a matter of principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims pursuant to Art. 6 Para. 1 lit. f. DSGVO or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c. DSGVO. The deletion of the data takes place when the data is no longer required for the fulfilment of contractual or legal duties of care as well as dealing with any warranty and comparable obligations, whereby the necessity of the retention of the data is reviewed every three years; otherwise, the statutory retention obligations apply.
External payment service providers
We use external payment service providers through whose platforms users and we can make payment transactions (e.g., each with a link to the privacy policy, Paypal www.paypal.com Klarna www.klarna.com Skrill www.skrill.com Giropay www.giropay.de Visa www.visa.de Mastercard www.mastercard.de American Express www.americanexpress.com In the context of the performance of contracts, we use the payment service providers on the basis of Art. 6 para. 1 lit. b. DSGVO. Furthermore, we use external payment service providers on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. b. DSGVO in order to offer our users effective and secure payment options. The data processed by the payment service providers includes inventory data, such as name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient-related information. The details are required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored with them. I.e. we do not receive any account or credit card-related information, but only information with confirmation or negative information of the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. Please refer to the terms and conditions and data protection information of the payment service providers. The terms and conditions and data protection information of the respective payment service providers apply to the payment transactions and can be accessed on the respective websites or transaction applications. We also refer to these for further information and the assertion of revocation, information and other data subject rights.
Administration, financial accounting, office organisation, contact management
We process data in the context of administrative tasks as well as organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information mentioned in these processing activities. In this context, we disclose or transmit data to the tax authorities, advisors, such as tax consultants or auditors, as well as other fee offices and payment service providers. Furthermore, we store information on suppliers, organisers 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, most of which is company-related, is stored permanently.
Business analyses and market research
In order to operate our business economically, to be able to recognise market trends, wishes of the contractual partners and users, we analyse the data we have on business transactions, contracts, enquiries, etc.. In doing so, we process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer. The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with information, e.g. on the services they have used. The analyses serve us to increase user-friendliness, to optimise our offer and to improve business management. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised values. If these analyses or profiles are personal, they are deleted or anonymised when the user terminates the contract, otherwise after two years from the conclusion of the contract. In all other respects, the overall business analyses and general trend analyses are prepared anonymously wherever possible.
Registration function
Users can create a user account. As part of the registration process, the required mandatory information is provided to the users and processed on the basis of Art. 6 (1) lit. b DSGVO for the purpose of providing the user account. The processed data includes in particular the login information (name, password and an e-mail address). The data entered during registration is used for the purposes of using the user account and its purpose. Users may be informed of information relevant to their user account, such as technical changes, by e-mail. If users have terminated their user account, their data relating to the user account will be deleted, subject to any legal obligation to retain it. It is the responsibility of the users to save their data in the event of termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract. Within the scope of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. This storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. As a matter of principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO. The IP addresses are anonymised or deleted after 7 days at the latest.
Comments and contributions
When users leave comments or other contributions, their IP addresses may be stored for 7 days on the basis of our legitimate interests as defined in Art. 6 (1) lit. f. DSGVO are stored for 7 days. This is done for our security in case someone leaves unlawful content in comments and posts (insults, prohibited political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or post and are therefore interested in the identity of the author. Furthermore, we reserve the right, on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f. DSGVO, to process the information provided by users for the purpose of spam detection. The data provided in the context of comments and contributions will be permanently stored by us until the user objects.
Contact
When contacting us (e.g. by contact form, e-mail, telephone or via social media), the user’s details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b) DSGVO. The user’s details may be stored in a customer relationship management system (“CRM system”) or comparable enquiry organisation. We delete the enquiries if they are no longer necessary. We review the necessity every two years; furthermore, the legal archiving obligations apply.
Google Analytics
We use Google Analytics, a web analytics service provided by Google LLC (“Google”), on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 (1) lit. f. DSGVO). DSGVO) Google Analytics, a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the users is usually transmitted to a Google server in the USA and stored there.Google is certified under the Privacy Shield agreement and thus offers a guarantee of compliance with European data protection law www.privacyshield.gov Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services associated with the use of this online offer and internet use. In doing so, pseudonymous user profiles can be created from the processed data. We only use Google Analytics with IP anonymisation activated. 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 will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by the user’s browser will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link:http://tools.google.com For further information on data use by Google, setting and objection options, please refer to the privacy policy of Google https://policies.google.com/technologies/ads as well as the settings for the display of advertising by Google https://adssettings.google.com/ authenticated. Users’ personal data is deleted or anonymised after 14 months. Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke
Status: July 2019