Terms and Conditions of Sale and Delivery in English here.
Name and Address of the Controller
The Controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other legal data protection provisions is:
GUSTAV SELTER GmbH & Co. KG
Hauptstraße 2 – 6
Tel.: +49 (0) 23 52 / 97 81 – 0
1. Data Protection Officer
You can contact our Data Protection Officer at email@example.com or via our postal address, in this case, please state “For the attention of the Data Protection Officer”.
2. General Information on Data Processing
Scope of Personal Data Processing
We only collect and use the personal data of our users where this is required to provide a functional website and our content and services. The personal data of our users is only processed as a rule with the prior consent of the data subject. An exception applies in cases where prior consent cannot be obtained for practical reasons and statutory regulations permit processing of the data.
3. Legal Basis for Personal Data Processing
Where we obtain consent from the data subject for personal data processing operations, point (a) of Article 6(1) of the EU General Data Protection Regulation (GDPR) is the legal basis for personal data processing.
If processing personal data is necessary for the performance of a contract to which the data subject is party, the legal basis is point (b) of Art. 6 (1) of the GDPR. This also applies to processing operations that are necessary in order to take steps prior to entering into a contract.
Where personal data processing is necessary for compliance with a legal obligation to which our company is subject, the legal basis is point (c) of Art. 6(1) of the GDPR.
If processing is necessary to protect the vital interests of the data subject or another natural person, the legal basis is point (d) of Art. 6 (1) of the GDPR.
If processing is necessary for the purposes of any legitimate interest pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, the legal basis for processing is point (f) of Art. 6 (1) of the GDPR.
4. Erasure of Data and Retention Period
The data subject’s personal data shall be erased or blocked once the purpose of storage ceases to apply. Data can be retained beyond this period if this is provided for by European or national legislators in EU regulations, laws or other regulations to which the Controller is subject. The data shall in such cases be blocked or erased once the retention period specified by the aforementioned standards expires, unless further retention of the data is required for the conclusion or fulfilment of a contract.
5. Provision of the Website and Creation of Log Files
Description and Scope of Data Processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data are collected:
(1) Information on the browser type and version used
(3) IP address
(4) Date and time of access
(5) Website accessed by the user’s system through our website
(6) Success or error when loading
The data are also stored in the log files of our system. These data are not stored together with other personal data of the user.
6. Legal Basis for Data Processing
The legal basis for temporary data storage and log files is point (f) of Article 6(1) of the GDPR.
7. Purpose of Data Processing
Temporary system storage of the IP address is necessary to allow the website to be provided on the computer of the user. To this end, the IP address of the user must be stored for the duration of the session.
Storage in log files occurs to ensure the functionality of the website. In addition, the data serve to optimise the website, and ensure the security of our IT systems. The data will not be evaluated for marketing purposes in this context.
Such purposes also constitute our legitimate interest in data processing pursuant to point (f) of Art. 6(1) of the GDPR.
8. Duration of Storage
The data are erased as soon as they cease to be required for the purpose for which they were collected. In the case of collection of data for the provision of the website, this is the case when the session in question ends.
In the case of storage in log files, this is the case after seven days at the latest. Retention beyond this time is possible. In this case, the IP addresses of the users are erased or modified so that they can no longer be associated with the accessing client.
9. Option of Objection and Elimination
The collection of data is necessary for the provision of the website, and storage of the data in log files is necessary for the operation of the website. Consequently, the user has no option to object.
Some of the cookies that we use will be deleted again following the end of the browser session, i.e. after you close the browser (commonly known as session cookies). Other cookies stay on your terminal device and allow us or our partner companies (third-party cookies) to recognise your browser when you next visit our website (persistent cookies). If cookies are placed, they collect and process certain user information, such as browser and location data and IP address, on an individual scale. Persistent cookies are automatically deleted after a set period of time, which may differ depending on the cookie.
Some of the cookies are used to simplify the ordering process by storing the settings (e.g. remembering the content of a virtual shopping basket for a visit to the website later on). If personal data are processed by cookies implemented by us, the processing is either to execute the contract in accordance with point (b) of Art. 6(1) of the GDPR or to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective website design in accordance with point (f) of Art. 6(1) of the GDPR.
In some circumstances we work together with advertising partners who help us make our website more interesting for you. In the event that you visit our website, cookies from partner companies are stored on your hard drive (third-party cookies) for this purpose. If we work together with such advertising partners, you will be personally and separately informed about the use of such cookies and the scope of the information collected in the next paragraphs.
Please note, you can adjust your browser settings so that you are informed when cookies are being placed and so that you can decide individually for each cookie, for cookies for certain cases or in general if you want to accept them or not. Each browser differs in how it manages the cookie settings. How you can change your cookie settings is explained in each browser’s help menu.
If you choose to not accept cookies, the functionality of our website may be limited.
Description and Scope of Data Processing
If you have purchased goods through our website and stored your email address, this may consequently be used by us to send a newsletter. In this case, only direct advertising about our own similar goods or services will be sent by newsletter.
There is no disclosure of personal data to third parties in the context of data processing for sending newsletters. The data will exclusively be used for sending the newsletter.
12. Legal Basis for Data Processing
The legal basis for sending the newsletter as a consequence of the sale of goods or services is Art.°7(3) of the German Unfair Competition Act (UWG).
13. Purpose of Data Processing
The user’s email address is collected to send the newsletter.
14. Duration of Storage
The data are erased as soon as they cease to be required for the purpose for which they were collected. The user’s email address is therefore stored for as long as the newsletter subscription is active.
15. Option of Objection and Elimination
The data subject can terminate their subscription to our newsletter at any time. To that end, each newsletter contains a corresponding link.
16. Contact Form and Email Contact
Description and Scope of Data Processing
There is a contact form on our website which can be used to contact us electronically. If a user makes use of this option, then the data entered into the input screen will be transferred to us and stored. If entered by the user, these data are:
(4) Telephone number
(5) Email address
(6) VAT ID number
(7) Request and text message
(8) Transmitted attachment
At the time of sending the message, the following data will be stored:
(1) The IP address of the user
(2) Date and time of registration
Your consent will be obtained to process the data in the course of the sending process, and this data protection agreement will be referred to.
Alternatively, we can be contacted using the email address provided. In this case, the personal data of the user transferred with the email will be stored.
In this context, data will not be passed on to third parties. The data will exclusively be used for processing the conversation.
17. Legal Basis for Data Processing
The legal basis for data processing where the user has given their consent thereto is point (a) of Art. 6 (1) of the GDPR.
The legal basis for the processing of data in the course of sending an email is point (f) of Art. 6 (1) of the GDPR. If the email contact is aimed at concluding a contract, an additional legal basis for processing is point (b) of Art.°6°(1) of the GDPR.
18. Purpose of Data Processing
Processing personal data from the input screen serves solely to handle the contact. In the case of contact by e-mail, the necessary legitimate interest is in processing the data.
The other personal data processed during the sending process serves to prevent abuse of the contact form and ensure the security of our IT systems.
19. Duration of Storage
The data are erased as soon as they cease to be required for the purpose for which they were collected. For personal data from the input screen of the contact form and that sent by e-mail, this is the case when the relevant conversation with the user ends. The conversation ends when it can be seen from the circumstances that the relevant case has been conclusively clarified.
The additional personal data collected during the sending process will be erased after a period of seven days at the latest.
20. Option of Objection and Elimination
The user can withdraw their consent to personal data processing at any time. If the user contacts us by email, then they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
Simply send us an email that includes your request at firstname.lastname@example.org.
All personal data stored in the course of contact will be erased in this case.
21. Web Analytics by Google Analytics
We use Google Analytics on our website, which is a web analytics service from Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA), hereafter “Google”.
The software places a cookie on the user’s computer (see above for information on cookies). The following data are saved when individual pages of our website are accessed:
(1) Information on the browser type and version used
(2) Operating systems in use
(4) IP address
(5) Date and time of access
(6) Website accessed by the user’s system through our website
The Information generated by these cookies, such as for example time, place and frequency of your visits to our website as well as your IP address, will be transmitted to Google in the USA, where it will be stored.
We use Google Analytics on our website with an IP anonymisation function (code: “anonymizeIP”). This means that your IP address will already be abbreviated, and therefore anonymised, in the member states of the European Union or in other contracting states of the Agreement on the European Economic Area.
Google will use this information to analyse your use of our website, to compile reports about the website activity for us and to provide further services related to the use of this website and of the internet.
The legal basis for the use of Google Analytics is Art.°15(3) of the German Telemedia Act (TMG) or point (f) of Art.°6(1) of the GDPR.
Google only transfers this information to third parties if legally required or if third parties process this data on behalf of Google. The IP address transmitted by your browser in the context of Google Analytics will not be associated with any other data from Google.
Data sent by us and data linked to cookies, user IDs or advertising IDs are automatically erased after 14 months. Data that have reached their storage period are automatically erased once a month.
By changing the settings in your Internet browser, you can disable or restrict the transfer of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, you may not have full access to all website functions.
For the most common browsers, Google offers a deactivation option which grants you greater control over the data collected and processed by Google. If you enable this option, no information about your website visit is transmitted to Google Analytics. However, activation of this option does not prevent your information from being transferred to us or to other web analytics services installed by us. You can obtain more information about the deactivation option provided by Google and activating this option at: https://tools.google.com/dlpage/gaoptout?hl=en
For more information regarding the Terms of Service and Privacy in the context of Google Analytics, please refer to:
We use the “reCAPTCHA” service from Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA), hereafter “Google”, to protect the input form on our website. By using this service you can differentiate between whether the entry is being made by a human or abusively using automated processing.
The referrer URL, IP address, website visitor behaviour, information about the operating system, browser and duration of the visit, cookies, display instructions and scripts, the user’s input behaviour and mouse movements in the “reCAPTCHA” check box area are transmitted to “Google”.
Googles uses the information obtained in this way, among other things, to digitalise books and other print products and to improve services like Google Street View and Google Maps (e.g. to identify house numbers and street names).
The IP address transmitted in the context of “reCAPTCHA” is not associated with any other data by Google, unless you are logged into your Google account at the time of using the “reCAPTCHA” plug-in. If you want to prohibit the transfer and storage of data about you and your behaviour on our website, you have to log out of “Google” and in fact do so before visiting our site or using the reCAPTCHA plug-in.
The use of information obtained by the “reCAPTCHA” service is in accordance with the Google Terms of Service:
You can process orders in our shop without having a user account by paying through the online payment provider PayPal. Your contact details are transmitted to PayPal in the context of orders placed in this way. PayPal is a service offered by PayPal (Europe) S.à.r.l. & Cie. S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg), hereafter “PayPal”. PayPal takes on the function of an online payment provider and trustee and offers purchase protection services.
The personal data transmitted to PayPal are generally your first name, surname, address, phone number, IP address, email address or any other data required to process the order as well as data related to the order, such as the number of articles, article number, invoice total and taxes in percent, invoice information etc.
This transfer is necessary to process your order with the method of payment selected by you, specifically for confirmation of your identity, administration of your payment and the customer relationship.
If this is required to comply with the contractual obligations from your order or if the personal data are subject to processing, personal data may be disclosed to service providers, subcontractors or other associated companies by PayPal.
24. Social Media (facebook, google+, pinterest, Instagram, youtube)
Besides our website, we can also be found on various social media. If you visit social media, personal data may be transferred to the social network provider.
In the process, besides the storage of data specifically entered by you on this social media, other information may be collected, processed or used by the social network provider. They may collect, process and use the most important data of the computer system that you are using to visit social media, for example your IP address, the processor type and browser version used plus any plug-ins.
If you are logged into your personal user account with the respective provider while you visit social media, they can automatically assign your visit to this account. If you do not wish your activity to be assigned to your account, you must log out of your account before your visit.
Please refer to the relevant social media provisions for information on the purpose and extent of data collection by social media and the further processing and use of your data there as well as your related rights:
25. Use of YouTube Components with Extended Data Protection Mode
We use elements (videos) of the company YouTube, LLC 901 Cherry Ave., 94066 San Bruno, CA, USA, a company belonging to Google Inc., on our website.
In this case we use the “extended data protection mode” option provided by YouTube. If you access a page that has an embedded video, a connection is established to the YouTube servers, which instruct your browser to display the content on the website. According to YouTube, in “extended data protection mode” only data on which of our websites in particular you are watching the video from is transmitted to the YouTube server. If you are simultaneously logged in to YouTube, this information will be assigned to your YouTube account. You can prevent this by logging out of your membership account before visiting our website.
You can find more information about YouTube/Google data protection at XI.
26. Rights of the Data Subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the Controller:
Right of Access
You can request confirmation from the Controller of whether we process personal data relating to you.
If such processing takes place, you can request the following information from the Controller:
(1) The purposes for which personal data are processed;
(2) The categories of personal data processed;
(3) The recipients or categories of recipients to which the personal data relating to you have been or are to be disclosed;
(4) The envisaged period for which personal data relating to you will be stored, or, if specific information on this is not possible, the criteria used to determine that period;
(5) The existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;
(6) The right to lodge a complaint with a supervisory authority;
(7) Any available information as to the source of the data where the personal data are not collected from the data subject;
(8) The existence of automated decision-making including profiling referred to in Art. 22(1) and (4) of the GDPR and – at least in those cases – meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.
You have a right to information as to whether the personal data relating to you are transmitted to a third country or to an international organisation. If this is the case, you have the right to be informed of the appropriate safeguards according to Art.°46 of the GDPR relating to transfer.
27. Right to Rectification
You have a right to rectification and/or completion vis-à-vis the Controller if the personal data processed relating to you is incorrect or incomplete. The Controller must undertake rectification without undue delay.
28. Right to Restriction of Processing
Under the following circumstances, you can request us to restrict processing of the personal data relating to you:
(1) If you contest the accuracy of the personal data relating to you for a period that enables the Controller to verify accuracy of the personal data;
(2) If processing is unlawful, but you refuse erasure of the personal data, requesting instead that use of the personal data be restricted;
(3) If the Controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) If you have objected to processing pursuant to Art. 21(1) of the GDPR, pending the verification whether the legitimate grounds of the Controller override your legitimate grounds.
Where processing of the personal data relating to you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
Where processing has been restricted pursuant to the aforementioned conditions, you shall be notified by the Controller before the restriction is lifted.
29. Right to Erasure
Obligation to erase
You have the right to demand the erasure of your personal data without undue delay from the Controller and the Controller is obliged to erase such data without undue delay where one of the following grounds applies:
(1) Your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which processing is based according to point (a) of Art. 6(1) or point (a) of Art. 9(2) of the GDPR, and there is no other legal ground for processing.
(3) You object to processing pursuant to Art. 21(1) of the GDPR and there are no overriding legitimate grounds for processing, or you object to processing pursuant to Art. 21(2) of the GDPR.
(4) Your personal data have been unlawfully processed.
(5) Your personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject.
(6) Your personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) of the GDPR.
30. Information to third parties
Where the Controller has made your personal data public and is obliged pursuant to Art. 17(1) of the GDPR to erase them, the Controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform Controllers which are processing the personal data that you as the data subject have requested the erasure by such Controllers of any links to, or copy or replication of, those personal data.
The right to erasure does not apply to the extent that processing is necessary
(1) For exercising the right of freedom of expression and information;
(2) For compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
(3) For reasons of public interest in the area of public health in accordance with point (h) and (i) of Art. 9 (2) as well as Art. 9(3) of the GDPR;
(4) For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 (1) of the GDPR in so far as the right referred to in a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) For the establishment, exercise or defence of legal claims.
32. Right of Information
If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the Controller, the Controller is obliged to communicate such rectification or erasure of the data or restriction of processing to each recipient to whom your personal data have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to request information on those recipients from the Controller.
33. Right to Data Portability
You have the right to receive any personal data related to you that has been provided by you to the Controller in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another Controller without hindrance from the Controller to which the personal data have been provided, where
(1) The processing is based on consent pursuant to point (a) of Art. 6(1) of the GDPR or point (a) of Art. 9(2) of the GDPR or on a contract pursuant to point (b) of Art. 6(1) of the GDPR and
(2) Processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one Controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.
The right to data portability does not apply to any personal data processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.
34. Right to Object
You have the right to object, on grounds relating to your particular situation, at any time to any processing of your personal data which is based on point (e) or (f) of Art. 6 (1) of the GDPR, including profiling based on those provisions.
The Controller shall no longer process your personal data, unless the Controller demonstrates compelling legitimate grounds for processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where your personal data is processed for direct marketing purposes, you have the right to object at any time to any processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
35. Right to Withdraw Consent
You have the right to withdraw your consent regarding the processing of your personal data at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
36. Automated Individual Decision-Making Including Profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) Is necessary for entering into, or performance of, a contract between you and the Controller;
(2) Is authorised by Union or Member State law to which the Controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) Is made with your explicit consent.
Nevertheless, such decisions must not be based on special categories of personal data referred to in Art. 9 (1) of the GDPR, unless point (a) or (g) of Art. 9 (2) of the GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in (1) and (3), the Controller implements suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the Controller, to express his or her point of view and to contest the decision.
37. Right to Lodge a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 of the GDPR.