§ 1 General
§ 2 Inventory data
Purpose of data processing
(1) Your personal data, insofar as they are required for the establishment, content definition or modification of the contractual relationship (inventory data), will be used exclusively for fulfilment of the contract. You are not obligated to disclose any private data. Thus, for example, your name and address must be forwarded to the goods suppliers for the actual delivery of the goods. In case of specific payment methods we require payment data which we are required to transfer to the payment service provider and your data therefore is only required to fulfill the contractual relationship and order.
In case you send us an email prior to a contractual relationship via our contact system or directly we process your data as well and use your data pre-contractually to answer your questions regarding our products or similar natures.
(2) Legal Foundation
Legal foundation for the data processing is Sect. 6.1 b) of DSGVO
(3) Recipient category
Payment service provider, delivery services, hosting service provider, e.g. inventory management or supplier.
(4) Duration of retaining data
All data required for fulfillment of contractual relationship we store until the end period for all legally available warranties or contractual guarantees.
All data required for trading and tax reasons will be stored according to the legal requirements, in general 10 years (compare §257 HGB, §147 AO).
All data received prior to a contractual relationship which obviously will not enter into a contractual relationship will deleted upon realization of no contractual relationship will apply.
§ 3 Information about cookies
Other cookies remain permanent and identify your browser upon your next visit of our website. These cookies allow that you can save a login password for your client account.
(2) Legal foundation
Legal foundation for processing data is Sec. 6 Abs.1 a) DSGVO.
You might have given the following explicit consent: I accept cookies
(3) Duration of saving
Technically required cookies in general will be delete upon closing the browser. Permanent stored cookies have a different life cycle from several minutes to over ten years.
(4) Right of Withdrawal
In case you do not want to accept the retention of cookies, please deactivate the acceptance of cookies within your browser. This can lead to limitation in function of our website.
Your acceptance of permanent retention can be rescind from any time by deleting stored cookies via your browser.
§ 4 Legal rights of affected person
In case personal data of you is being processed you are an affected person under DSGVO and you have the following legal rights on your responsible person:
(1) Right of information
You can request confirmation from the responsible person that personal data about you is being processed by us.
In case of such a procession of data you can request the following information from the responsible person:
1. The reason for processing personal data
2. categories for which personal data is being processed
3. The recipient and/or categories of recipients which has been disclosed or will be disclosed your personal data
4. The duration of retaining personal data or in case accurate answers are not possible, the criterias for setting out lengths of retaining data
5. The existing right to correct or delete personal data, limitation in use of personal data or withdrawal from processing personal data;
6. The right to appeal at an official inspecting authority
7. All information about sourcing personal data if personal data has not been received from the person directly;
8. The right for an automatic solution finding process including profiling according to Sec.22 Abs.1 and 4 DSGVO and at minimum for these case relevant information on particular logic and depth of anticipated impact of processing data of the subject person.
You have legal rights to receive information on if your personal data is being transmitted to third countries or international organisation. In this case you can request certain guarantees in accordance to Sec. 46 DSGVO in conjunction of transmitting data.
(2) Right of Correctness
You have a right of correcting and/or completing in case of incorrect or invalid personal data, the responsible person has to act immediately.
(3) Right to limit data processing
Under following circumstances you can request limitation of personal data:
1. If you are challenging the duration under which the responsible person can sufficiently investigate the correctness of your personal data
2. The processing of personal data is illegal and you have denied to delete personal data and instead you have required to limit the use of personal data
3. The responsible person does not require personal data any longer, but you might require due to guaranties and defending legal action or
4. You have objection against processing of personal data according to Sec.21.1 DSGVO and it is not clear if reasonable grounds of the responsible person are ranked above yours.
If the processing of your personal data has been limited then this data apart from restoring the data can only be used within a member country upon your consent for use and defeat of a legal case or protection of the right of a third person or legal entity or reasons of public interest.
(4) Right of Deletion
In case your limitation of processing data has been limited you will be informed by the responsible person prior to cancellation of such a limitation
1. Obligation to delete
You can request from the responsible person to delete your persona data immediately, and the responsible person is obligated to delete the data in case one of the following reasons occur:
2. The reason of restoring personal data is no longer existing .
3. You withdraw from your acceptance based on Sec.6.1 lit.a or Sec.9.2 lit.a DSGVO and any other legal foundation of processing data is missing
4. You withdraw according to Sec.21.1 DSGVO from processing data and no grounds for processing data exist or you have challenged Sec.21.2 DSGVO for processing data.
5. Your personal data has been processed unlawful.
6. The deletion of relevant personal data is required for performing a legal obligation within the right of the union or a member country which is binding for the responsible person.
7. Personal data has been collected regarding the services of an information entity according to Sec.8.1. DSGVO.
8. Information for third parties
In case the responsible person has openly disclosed personal data and is required to delete this according to Sec.17.1 DSGVO this person has to undertake all relevant activities with technical equipment to delete your personal data and refrain from processing of data and all available links to the data, this includes also copies and replications of personal data.
The right of deletion does not exist if the processing is required
- to freely and legally express your view and information
- to fulfill a legal obligation which is required by the Union or a member country to which the responsible person is bound or to recognize an activity which is of public interest or performed under violence transferred to the responsible person
- By reason of public interest in the areas of public health according to Sec.9.2 lit.h and i as well as Sec.9.3 DSGVO;
- For any archive purposes of public interest, science or historic research purposes or for statistic reasons according to Sec.89.1 DSGVO, as long as the right mentioned in Section a) is not limiting or damaging the general aim of the processing or
- (5) for enforcement, execution or defeat of a legal case.
(6) Right to Briefing
In case you have made use of your right to correct, delete or limit the procession in front of the responsible person, this person is required to arrange with all third parties who this person shared the data with to correct or delete the personal data unless this appears impossible or only achievable with an unreasonable effort.
You have the right to be informed about the party who has received your data.
(7) Right of Data Transfer
You have the right to receive your disclosed personal data in a structured, normal and electronic readable format. Further you have the right to transfer this data to another responsible person without any interference of the responsible person who has access to the personal data unless
- The processing is based on an agreement according to Sec.6.1 lit.a DSGVO or Sec.9.2 lit.a DSGVO or any contract according to Sec.61 lit.b DSGVO
- The processing is automated
In order to exercise this right you also have the right to arrange that personal data from one responsible person is transmitted directly to another responsible person as long this is electronically feasible. Freedom and rights of other persons can not be limited herewith.
The right of data transfer does not apply to any processing of personal data which requires the perception of a duty which lies in public interest or in exercise of public violence which was transferred to the responsible person.
(8) Right of Contradiction
You have the right to withdraw from your consent of processing personal data according to Sec.6.1 lit.e or f DSGVO coming from your special situation; this also applies for a dedicated profiling.
The responsible person is not processing your personal data unless this person can prove requirement for protection for processing which preponderance your interest, rights and freedom, or the processing is required for enforcement, execution and defence of legal claim.
In case your personal data is processed for direct marketing purposes you have the right to withdraw from your consent for processing at any time to make use for marketing purposes; this also applies for profiling when in conjunction with direct marketing.
In case you withdraw from your consent of processing personal data for direct marketing purposes then your personal data will not be used for these purposes any longer.
You have the opportunity in conjunction of your usage of services of an information provider – despite the guidline 2002/58/EG – to withdraw in an automatic process with technical specifications.
(9) Right to withdraw from data protection consent
You have the right to withdraw from any data protection consent at any time. If you withdraw from the data protection your rights for a correct data processing prior to the withdraw is not effected.
Automated decision for individual cases including profiling
You have the right not to be subordinated for a decisions solely based on an automatic processing, including profiling, which has a legal impact towards you or has a considerable impact in similar cases. This does not apply, if the decision
- For the closure or execution of the contract between you and the responsible person is required,
- Due to statutory provisions of the Union or its members to which the responsible person is bound is valid and these statutory provisions include adequate arrangements to protect your rights and freedom and your personal interest or
- Happening with your explicit consent.
However these decisions are not allowed to be based specific categories of personal data under Art.9 Abs.1 DSGVO, unless Art. 9 Abs.2 lit.a or g applies and adequate arrangements to protect the rights, freedom and your justified interest are affected.
Regarding cases mentioned in (1) and (3) the responsible person arranges for adequate arrangements to protect your rights and freedom as well as your justified interest, this includes the minimum right to allow to interact with another person at the side of the responsible person to explain the own point of view and includes appeal of decision
(10) Right to complain in front of a controlling institution
Despite the right of another appeal in front of an administrational or legal institution you have the right to complain at a controlling institution especially within the territory of your residence, your employment location or location of the assumed breach, if you are of the opinion that the processing of your personal data is in breach with the DSGVO.
The controlling institution at which a complaint is registered will inform the protester on updates and ongoing changes of the complaint including the opportunity of a legal action under Sec.78 DSGVO.
Responsible person for data processing:
DS Afrika GmbH
Telephone: +49 175 251 0185