Privacy Policy
Personal data (usually referred to just as „data“ below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.
Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the „GDPR“), „processing“ refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.
The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.
Our privacy policy is structured as follows:
I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing
I. Information about us as controllers of your data
The party responsible for this website (the „controller“) for purposes of data protection law is:
Tobias Hess GmbH
Tobias Hess
Breslauer Ring 13
57290 Neunkirchen
Phone: +491603619491
E-Mail: t.hess@tobiashess.com
Data Protection Officer:
Due to the size of our company and the nature of our data processing, we are not required to appoint a data protection officer pursuant to Art. 37 GDPR.
II. Hosting
We host the content of our website with the following provider:
Strato
The provider is Strato AG, Otto-Ostrowski-Straße 7, 10249 Berlin (hereinafter “Strato”). When you visit our website, Strato collects various log files, including your IP addresses.
For more information, please refer to Strato’s privacy policy: https://www.strato.de/datenschutz/
Die Verwendung von Strato erfolgt auf Grundlage von Art. 6 Abs. 1 lit. f DSGVO. Wir haben ein berechtigtes Interesse an einer möglichst zuverlässigen Darstellung unserer Website. Sofern eine entsprechende Einwilligung abgefragt wurde, erfolgt die Verarbeitung ausschließlich auf Grundlage von Art. 6 Abs. 1 lit. a DSGVO und § 25 Abs. 1 TTDSG, soweit die Einwilligung die Speicherung von Cookies oder den Zugriff auf Informationen im Endgerät des Nutzers (z. B. Device-Fingerprinting) im Sinne des TTDSG umfasst. Die Einwilligung ist jederzeit widerrufbar.
Order Processing
We have concluded a contract for order processing (AVV) with Strato pursuant to Art. 28 GDPR for the use of the above-mentioned service. This is a legally required contract that ensures that Strato processes the personal data of our website visitors only according to our instructions and in compliance with the GDPR.
Security
Strato implements appropriate technical and organizational measures (TOMs) to protect data against unauthorized access, loss, or alteration. Further information on data processing by Strato can be found in their privacy policy: https://www.strato.de/datenschutz/
III. The rights of users and data subjects
With regard to the data processing to be described in more detail below, users and data subjects have the right
- Right of Access (Art. 15 GDPR): You have the right to find out whether personal data concerning you is being processed, which data is being processed, for what purposes, and on what legal basis, and, where applicable, to obtain copies of the data.
- Right to Rectification (Art. 16 GDPR): You may request the correction or completion of incorrect or incomplete data.
- Right to Erasure or Restriction (Art. 17, 18 GDPR): You may request the immediate deletion of your personal data or, if further processing is necessary, request the restriction of processing.
- Right to Data Portability (Art. 20 GDPR): You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format and to transmit this data to another controller.
- Right to Lodge a Complaint (Art. 77 GDPR): You may lodge a complaint with a data protection supervisory authority if you believe that the processing of your personal data violates data protection regulations.
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Obligation to Notify Recipients: If we rectify, delete, or restrict the processing of personal data, we will inform all recipients to whom these data have been disclosed, unless this is impossible or involves a disproportionate effort. However, you always have the right to information about these recipients.
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Right to Object and Withdraw Consent:
Users and data subjects also have the right under Art. 21 GDPR to object to the future processing of their data if it is based on Art. 6 para. 1 lit. f GDPR (legitimate interest), in particular for direct advertising.
If the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR, users and data subjects have the right to withdraw their given consent at any time with effect for the future. The lawfulness of processing carried out up to the time of withdrawal remains unaffected.
VI. Information about the data processing
The data processed during your use of our website will be deleted or blocked as soon as the purpose for storing the data no longer applies, the deletion of the data does not conflict with any statutory retention obligations, and no other specifications regarding individual processing procedures are made below.
Cookie Manager
To obtain consent for the use of technically unnecessary cookies on the website, the provider uses a cookie manager.
When the website is accessed, a cookie with the settings information is stored on the user’s end device so that on a subsequent visit, the consent request does not have to be repeated.
The cookie is required to obtain legally compliant user consent.
Users can prevent or terminate the installation of cookies by adjusting their browser settings.
Cookies
a) Session cookies
We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.
This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.
The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.
If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.
When you close your browser, these session cookies are deleted.
b) Third-party Cookies / Tracking Cookies
If necessary, our website may use cookies from partner companies that we employ for analytics purposes, advertising, or additional functions of our website. This includes, for example, cookies for web analytics or marketing.
These cookies are not strictly necessary for the operation of the website. Therefore, their use is based solely on your prior consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 TTDSG. You may revoke your consent at any time without affecting the lawfulness of the processing carried out up to that point.
Detailed information about these cookies, in particular their name, provider, purpose, and storage duration, can be found in the following overview.
c) Opt-Out / Disabling Cookies
You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.
If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.
Contact
If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.
The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.
Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.
Customer account/registration
If you create a customer account with us via our website, we will use the data you entered during registration (e.g. your name, your address, or your email address) exclusively for services leading up to your potential placement of an order or entering some other contractual relationship with us, to fulfill such orders or contracts, and to provide customer care (e.g. to provide you with an overview of your previous orders or to be able to offer you a wishlist function). We also store your IP address and the date and time of your registration. This data will not be transferred to third parties.
During the registration process, your consent will be obtained for this processing of your data, with reference made to this privacy policy. The data collected by us will be used exclusively to provide your customer account.
If you give your consent to this processing, Art. 6 Para. 1 lit. a) GDPR is the legal basis for this processing.
If the opening of the customer account is also intended to lead to the initiation of a contractual relationship with us or to fulfill an existing contract with us, the legal basis for this processing is also Art. 6 Para. 1 lit. b) GDPR.
You may revoke your prior consent to the processing of your personal data at any time under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.
The data previously collected will then be deleted as soon as processing is no longer necessary. However, we must observe any retention periods required under tax and commercial law.
Community / User Content
If you access the community features via our member area, the data you provide for this purpose (e.g., posts, comments, likes, uploaded images or videos, as well as technical usage data such as IP address, login data, or device information) will be collected and processed exclusively for the provision, storage, and management of the community. Additionally, we store support and moderation data as required for the technical administration or security of the platform. This data will not be shared with third parties, except as necessary to operate the community features or as required by law.
The use of the community is exclusively via your member account. By registering for and using the community, you automatically agree to the Terms of Use as well as our Community Guidelines.
Anonymized Reuse of Content:
After the deletion of your member account, personal data (e.g., name, email address) will be deleted. Content you have created within the community (e.g., posts, comments, images, or videos) may, however, continue to be used in anonymized form, e.g., for statistical evaluations, analyses, AI training, or to improve the platform services. It will no longer be possible to trace the data back to you as an individual.
The legal basis for processing personal data is Art. 6(1)(b) GDPR (for contract performance or pre-contractual measures) and Art. 6(1)(f) GDPR (legitimate interest in technical administration, optimization, and community security).
Personal data will be deleted once processing is no longer necessary. Statutory retention periods remain unaffected.
Platform Services / AI Features
If you use our platform services or AI-powered features via our member area, the data you provide for these purposes (e.g., texts, documents, or projects you create, as well as technical usage data such as IP address, login data, or device information) will be collected and processed exclusively for the provision, storage, and management of these services. Additionally, we store support and error-tracking data as required for the technical administration of the platform. This data will not be shared with third parties, except as necessary to operate the services or as required by law.
The use of platform services is exclusively via your member account. By registering for and using these services, you automatically agree to the Terms of Use as well as the App Terms of Use.
Anonymized Reuse of Content:
After the deletion of your member account, personal data (e.g., name, email address) will be deleted. Content you have created within the platform services (e.g., texts, documents, projects) may, however, continue to be used in anonymized form, e.g., for statistical evaluations, analyses, AI training, or to improve the platform services. In this case, it will no longer be possible to trace the data back to you as an individual.
The legal basis for processing this data is Art. 6(1)(b) GDPR (for contract performance or pre-contractual measures) and Art. 6(1)(f) GDPR (legitimate interest in technical administration, optimization, and platform security).
Collected data will be deleted once processing is no longer necessary. However, statutory retention periods must be observed.
Newsletter
If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third parties.
The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.
You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.
LinkedIn
We maintain an online presence on LinkedIn to present our company and our services and to communicate with customers/prospects. LinkedIn is a service of LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Irland, a subsidiary of LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA.
We would like to point out that this might cause user data to be processed outside the European Union, particularly in the United States. This may increase risks for users that, for example, may make subsequent access to the user data more difficult. We also do not have access to this user data. Access is only available to LinkedIn.
The LinkedIn privacy policy can be found here:
https://www.linkedin.com/legal/privacy-policy
YouTube
We maintain an online presence on YouTube to present our company and our services and to communicate with customers/prospects. YouTube is a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, a subsidiary of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 USA.
We would like to point out that this might cause user data to be processed outside the European Union, particularly in the United States. This may increase risks for users that, for example, may make subsequent access to the user data more difficult. We also do not have access to this user data. Access is only available to YouTube.
The YouTube privacy policy can be found here:
https://policies.google.com/privacy
General introduction
General linking to third-party profiles
The provider includes a link on the website to the social media listed below.
The legal basis for this is Article 6 para. 1 lit. f GDPR. The legitimate interest of the provider is to improve the quality of use of the website.
The plugins are integrated via a linked graphic. The user is only forwarded to the service of the respective social media by clicking on the corresponding graphic.
After the customer has been forwarded, information about the user is recorded by the respective social media. This is initially data such as IP address, date, time and page visited. If the user is logged into his/her user account of the respective social media at the same time, the social media operator can, if required, assign the information collected from the user’s specific visit to the user’s personal account. If the user interacts via a “Share” button of the respective social media, this information can be stored in the user’s personal user account and, if required, be published. If the user wants to prevent the collected information from being directly assigned to his/her user account, the user must log out before clicking on the graphic. It is also possible to configure the respective user account accordingly.
The following social media are linked by the provider:
LinkedIn
LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Irland, a subsidiary of LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085 USA.
Privacy Policy: https://www.linkedin.com/legal/privacy-policy
YouTube
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland, a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA
Privacy Policy: https://policies.google.com/privacy
Google Analytics
We use Google Analytics on our website. This is a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).
The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.
Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.
The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.
Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at
https://www.google.com/intl/de/policies/privacy/partners,
including options you can exercise to prevent such use of your data.
In addition, Google offers an opt-out add-on at
https://tools.google.com/dlpage/gaoptout?hl=en
in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics‘ JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.
Real Cookie Banner
To manage the cookies and similar technologies used (tracking pixels, web beacons, etc.) and related consents, we use the “Real Cookie Banner” consent tool. Details on how “Real Cookie Banner” works can be found at https://devowl.io/de/rcb/datenverfahren/.
The legal basis for the processing of personal data in this context is Article 6 (1) (c) GDPR and Article 6 (1) (f) GDPR. Our legitimate interest is the management of the cookies and similar technologies used and the related consents.
Polylang
We use Polylang to manage the language selection on our website (provider is WP SYNTEX, 28, rue Jean Sébastien Bach, 38090 Villefontaine, France).
Polylang creates the functional cookie pll_language. It stores a language preference for the visitor to support multilingual websites. The use of Polylang is in the interest of an attractive presentation of our online offerings and is based on our legitimate interest. (Art. 6 para. 1 lit. f GDPR).
Polylang offers under https://polylang.pro/privacy-policy/
further information, particularly on the options for preventing data use.
Google Fonts
Our website uses Google Fonts to display external fonts. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).
To enable the display of certain fonts on our website, a connection to the Google server in the USA is established whenever our website is accessed.
The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the optimization and economic operation of our site.
When you access our site, a connection to Google is established from which Google can identify the site from which your request has been sent and to which IP address the fonts are being transmitted for display.
Google offers detailed information at
https://adssettings.google.com/authenticated
https://policies.google.com/privacy
in particular on options for preventing the use of data.
Google Tag
We use Google Tags on our website to control tags (scripts). This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, hereinafter referred to as “Google”.
Google Tag Manager is an auxiliary service and does not itself process personal data except for technically necessary purposes. The Google Tag Manager enables the loading of other components that may also collect data. Google Tag Manager does not have access to this data.
The legal basis is Art. 6 para. 1 lit. f) GDPR. Our legitimate interest lies in the optimisation and economic operation of our website.
By consenting to the cookies on our website, a tag is sent to Google, which in turn activates auxiliary services. If you do not consent, no tags will be transmitted.
Google offers under
https://policies.google.com/privacy
further information, particularly on the options for preventing data use.
Cloudflare
On our website, we use services from Cloudflare, Inc. to ensure the security of our website and to protect it from abusive access. Cloudflare is a content delivery network (CDN) and security service that is used, among other things, to protect against automated access (e.g., by bots), DDoS attacks, and spam.
In this context, Cloudflare collects information about the website from which a request is sent, as well as the IP address of the requesting device. In addition, other technical data (e.g., browser type, operating system, referrer URL, time of request) may be processed to the extent necessary to ensure the security and functionality of the service.
The processing is based on Art. 6(1)(f) GDPR. Our legitimate interest lies in providing our website securely and protecting it against unwanted automated access and attacks.
Cloudflare also processes data in the USA. The data transfer is carried out on the basis of appropriate safeguards in accordance with Art. 46 GDPR (e.g., standard contractual clauses).
Cloudflare provides further information on the handling of user data at:
https://www.cloudflare.com/privacypolicy/
YouTube
We use YouTube on our website. This is a video portal operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland, hereinafter referred to as „YouTube“.
We use YouTube in its advanced privacy mode to show you videos. In case you have granted your consent to this processing the legal basis is Article 6 para. 1 lit. a GDPR. The legal basis can also be Article 6 para. 1 lit. f GDPR. Our legitimate interest lies in improving the quality of our website. According to YouTube, the advanced privacy mode means that the data specified below will only be transmitted to the YouTube server if you actually start a video.
Without this mode, a connection to the YouTube server in the USA will be established as soon as you access any of our webpages on which a YouTube video is embedded.
This connection is required in order to be able to display the respective video on our website within your browser. YouTube will record and process at a minimum your IP address, the date and time the video was displayed, as well as the website you visited. In addition, a connection to the DoubleClick advertising network of Google is established.
If you are logged in to YouTube when you access our site, YouTube will assign the connection information to your YouTube account. To prevent this, you must either log out of YouTube before visiting our site or make the appropriate settings in your YouTube account.
For the purpose of functionality and analysis of usage behavior, YouTube permanently stores cookies on your device via your browser. If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.
Further information about the collection and use of data as well as your rights and protection options in Google’s privacy policy found at
https://policies.google.com/privacy
WhatsApp
To establish contact, the provider enables the customer, among other things, to make contact via the messenger service WhatsApp. WhatsApp is a service of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, hereinafter referred to as WhatsApp, a subsidiary of Facebook.
When the user communicates with the provider via WhatsApp, both the provider and WhatsApp receive the mobile phone number of the user and the information that the user has contacted the provider.
The abovementioned data are also forwarded by WhatsApp to Facebook servers in the USA and are processed by WhatsApp and Facebook in accordance with the WhatsApp privacy policy, which also includes processing for their own purposes, such as improving the WhatsApp service.
In the opinion of the data protection supervisory authorities, however, the USA does not currently have an adequate level of data protection. However, there are so-called standard contractual clauses:
https://faq.whatsapp.com/general/about-standard-contractual-clauses
These are private law agreements, however, and therefore have no direct impact on the access options of the authorities in the USA.
More information about the purpose and scope of the data collection and the further processing of these data by WhatsApp and Facebook as well as related rights and setting options for protecting privacy are contained in privacy guidelines from WhatsApp:
https://www.whatsapp.com/legal/#privacy-policy.
The legal basis for this processing and the transmission to WhatsApp is Article 6 para. 1 clause 1 b. GDPR, insofar as the establishment of contact relates to an existing contractual relationship or serves to initiate such a contractual relationship. If contact is not made for the above purposes, the legal basis is Article 6 para.1 lit. f GDPR. The legitimate interest of the provider is to improve the quality of service.
