Data Protection Declaration

 

Name and contact details of the controller in accordance with Article 4(7) GDPR

Company: Smartbox Pro GmbH
Address: Liebenstein 15
Tel.: +49 (0) 9631 605 1100
Fax: +49 (0) 9631 605 1109
Email: info@smartboxpro.com

 

Data Protection Officer

Name: Wolfgang Forster
Address: Liebenstein 15, 95703 Plößberg, Germany
Email: datenschutz@liebensteiner.de

 

Security and protection of your personal data

Maintaining the confidentiality of the personal data which you provide and protecting it against unauthorised access are our highest priority. We take the utmost care and use the most up-to-date security standards in order to guarantee the highest possible protection of your personal data.

As a private company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the German Federal Data Protection Act (BDSG). We have taken technical and organisational measures which ensure that both we and our external service providers comply with the regulations relating to data protection.

 

Definitions

The legislator requires that personal data be processed in a lawful manner, in good faith and in a manner which is understandable to the data subject (“lawfulness, processing in good faith, transparency”). In order to ensure this, we are informing you of the individual statutory definitions which are also used in this data protection declaration.

  • Personal data

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • Processing

“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • Restriction of processing

“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.

  • Profiling

“Profiling” is any type of automated processing of personal data which means that this personal data is used in order to evaluate specific personal aspects which relate to a natural person, in particular to analyse or predict aspects in relation to work performance, economic position, health, personal preferences, interests, reliability, behaviour, whereabouts or change of location of this natural person.

  • Pseudonymisation

“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data cannot be assigned to an identified or identifiable natural person.

  • Filing system

“Filing system” means any structured set of personal data which are accessible according to specified criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

  • Controller

“Controller” means a natural or legal person, public authority, agency which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • Processor

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • Recipient

“Recipient” means a natural or legal person, public authority, agency or other body, to whom personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data within the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

  • Third party

“Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

  • Consent

“Consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

 

Lawfulness of processing

The processing of personal data is only lawful if a legal basis exists for this. In particular, the legal basis for the processing in accordance with Article 6(1) lit. a GDPR can be:

  • The data subject has issued his or her consent to the processing of the personal data which relates to him or her for one or more specific purpose(s);
  • The processing is necessary for the fulfilment of a contract whose contracting party is the data subject or in order to carry out pre-contractual measures following a request by the data subject;
  • The processing is necessary to fulfil a legal obligation to which the controller is subject;
  • The processing is necessary in order to protect vital interests of the data subject or of another natural person;
  • The processing is necessary in order to perform a task which is in the public interest or which takes place in the exercising of public powers which have been assigned to the controller;
  • The processing is necessary to safeguard the legitimate interests of the controller or of a third party, unless the interests or basic rights and basic freedoms of the data subjects which require the protection of personal data take precedence, in particular if the data subject is a child.

 

Information relating to the collection of personal data

(1) Below, we wish to inform you of the collection of personal data when you use our website. Personal data includes name, address, email addresses and user behaviour.

(2) If you get in touch with us by email or a contact form, we will save the data you provide (your email address, and possibly your name and telephone number) in order to respond to your queries. We will delete the data collected during this process once it is no longer necessary or the processing is restricted, should statutory retention obligations exist.

 

Collection of personal data while using our website

When using the website purely for information purposes, and should you not register or provide us with other information, we only collect the personal data which your browser sends to our server. Should you wish to view our website, we gather the following data which is technically necessary for us in order to display our website for you and to guarantee stability and security (the legal basis is point (f) of Article 6(1) p.1 GDPR):

  • IP address
  • Date and time of access
  • Time zone difference from Greenwich Mean Time (GMT)
  • Content of the request (concrete page)
  • Access status / HTTP status code
  • Quantity of respective data transferred
  • Website from which the request originates
  • Browser
  • Operating system and its interface
  • Language and version of the browser software

 

Use of cookies

(1) In addition to the data referred to above, when using our website, cookies will be saved on your computer. Cookies are small text files which are saved on your hard drive and assigned by the browser which you are using and provides certain information depending on the location which sets the cookies. Cookies cannot start any programs or transfer viruses to your computer. The purpose of cookies is to make the Internet service more user friendly and more effective as a whole. 

(2) This website uses the following types of cookies, the scope and function of which are explained below:

  • Temporary cookies (see a)
  • Permanent cookies (see b)

a) Temporary cookies are automatically deleted when you close the browser. These include the session cookies in particular. These save a so-called session ID, by means of which various requests made by your browser can be assigned to the overall session. By means of this, your computer can be recognised again, should you return to our website. The session cookies are deleted when you log out or close the browser.

b) Permanent cookies are deleted automatically after a prescribed period of time, which can differ depending on the cookie. You can delete the cookies at any time via your browser’s security settings.

c) You can configure your browser settings in accordance with your preferences and can elect to accept third-party cookies or refuse all cookies. So-called “third party cookies” are cookies which were set by a third party, therefore not by the actual website you are currently visiting. We wish to point out that should you deactivate cookies, you may not be able to use all of the functions of this website.

d) We use cookies in order to be able to identify you during future visits, should you have an account with us. Otherwise, you will need to log in again for each visit.

e) The flash cookies which are used are not recorded by your browser, but by your flash plugin. In addition, we use HTML5 storage objects, which are placed on your end device. These objects save the necessary data regardless of the browser you are using and do not have any automatic expiry date. Should you not wish processing of the flash cookies to take place, you need to install a corresponding add-on, for example “Better Privacy” for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe FlashKiller Cookie for Google Chrome. You can prevent the use of HTML5 storage objects by using the private mode in your browser. We would also recommend you regularly delete your cookies and browser history.

 

Other functions and offers on our website

(1) Apart from using our website purely to present information, we make services available that you can access if they are of interest to you. In this case, you normally have to provide additional personal data, which we will use to provide the respective services subject to the aforementioned principles of data processing.

(2) To some extent we use external service providers to process your data. These providers were carefully selected and commissioned by us, they are bound by our instructions and are checked regularly.

(3) Furthermore, we may disclose your personal data to third parties for the purpose of participating in campaigns, competitions, concluding contracts or similar services offered by us in collaboration with partners. Further information will be provided to you when you enter your personal data or in the description of the offer.

(4) If our service providers or partners have their registered office in a country outside the European Economic Area (EEA), we will inform you about the consequences of this fact in the description of the offer.

 

Newsletter

You can subscribe to our newsletter on our website. If you have consented separately to be informed by us by email about our company’s products and services, your data will be processed accordingly. Upon registering for the newsletter, you consent that we may measure your click and access behaviour to optimise our newsletter for you. If we process your personal data based on your consent, you may withdraw your consent at any time without affecting the lawfulness of the processing up to that time. If you withdraw your consent, we will cease processing the corresponding data.

If you no longer wish to receive our newsletter, you can cancel your subscription at any time (e.g. by email to newsletter@smartboxpro.de or via the link for cancelling the newsletter found in every newsletter email. Your data for the transmission of the newsletter will be deleted within three months after you unsubscribe, unless statutory retention obligations prevent the erasure of the data.

Google reCaptcha

We use the reCaptcha Google service to determine whether certain input in our contact or newsletter form is made by a human being or by a computer. Google verifies whether you are a human being or a computer based on the following data: IP address of the terminal device used, the webpage you are retrieving while visiting our website which includes the Captcha function, the date and the duration of the visit, the identification of the type of browser and operating system you are using, the Google account if you are logged in via Google, mouse movements on the reCaptcha screens and tasks where you have to identify images. The legal basis for the data processing described above is point (f) of Article 6(1) GDPR. To protect the security of our website and us against automated input (attacks), we have a legitimate interest in the processing of these data.

Children

Our services are generally intended for adults. Persons under 18 should not send us any personal data without the agreement of their parents or guardians.


Rights of the data subject
 

(1) Withdrawal of consent

Should personal data be processed on the basis of consent which has been issued, you have the right to revoke the consent at any time. The revocation of consent will not affect the lawfulness of the processing which took place according to the consent prior to the time of revocation.

You can contact us at any time in order to exercise your right of revocation.

(2) Right of confirmation

You have the right to request confirmation from the controller as to whether we process personal data relating to you. You can request the confirmation at any time from the contact address stated above.

(3) Right of access

Should personal data be processed, you can request access to this personal data and the following information at any time:

  1. the purposes of the processing;
  2. the categories of personal data concerned;
  3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  4. where possible, the planned duration for which the personal data will be stored, or, if 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. where the personal data are not collected from the data subject, any available information as to their source;
  8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in these cases, meaningful information concerning the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Where personal data are transferred to a third country or to international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer. We will provide a copy of the personal data which is the subject of the processing. For any further copies which you request, we can charge a reasonable fee based on administration costs. Should you file the application electronically, the information must be provided in a commonly used electronic format, unless otherwise stated. The right to receive a copy in accordance with Paragraph 3 must not impair the rights and freedoms of other persons.
 

(4) Right to rectification 

You have the right to request the immediate rectification by us of personal data relating to you which is inaccurate. Taking the purposes of the processing into account, you have the right to have incomplete personal data completed, including by means of a supplementary statement.
 

(5) Right to erasure (“Right to be forgotten”)

You have the right to request that the controller immediately erases personal data relating to you without undue delay and we are obliged to erase personal data without undue delay, should one of the following reasons apply:

  1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. The data subject withdraws his or her consent on which the processing is based in accordance with point (a) of Article 6(1) or point (a) of Article 9(2) GDPR and where there is no other legal ground for the processing.
  3. The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
  4. The personal data have been unlawfully processed.
  5. The 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. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

Where the controller has made the personal data public and is be obliged pursuant to Paragraph 1 to erase the personal data, 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 the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

The right to erasure (“right to be forgotten”) does not apply should the processing be necessary:

  • for exercising the right of freedom of expression and information;
  • 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;
  • for reasons of the public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR so far as the right referred to in Paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • for the establishment, exercise or defence of legal claims.

 

(6) Right to restriction of the processing

You have the right to obtain from us the restriction of the processing of your personal data where one of the requirements below is met:

  1. the accuracy of the personal data is contest by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
  2. the processing is unlawful and the data subject opposes the deletion of the data and requests the restriction of their use instead;
  3. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
  4. the data subject has objected to processing in pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller outweigh those of the data subject.

Where processing has been restricted in accordance with the requirements referred to above, such personal data shall, with the exception of storage, only be processed with the consent of the data subject 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.

In order to exercise the right to restriction of processing, the data subject can get in touch with us at any time via the contact information provided below.

 

(7) Right to data portability

You have the right to receive the personal data relating to you which you have provided to us in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance on the part of the controller to whom the data have been provided, where:

a) the processing be based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and

b) the processing is carried out by automated means.

In exercising the right to data portability pursuant to Paragraph 1, you have the right to have your personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability does not affect the right of erasure (“right to be forgotten”). This right does not apply to processing which 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.

(8) Right to object

You have the right to object to the processing of personal data relating to you at any time for reasons connected to your specific situation, where this takes place based on point (e) or (f) of Article 6(1) GDPR; this also applies to profiling which takes place under these provisions. The controller will no longer process the personal data, unless it can provide proof of mandatory protectable reasons for the processing which outweigh the interests, rights and freedoms of the data subject or the processing serves the purpose of the assertion, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, you have the right object at any time to the processing of personal data relating to you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Should you object to the processing for the purposes of direct marketing, the personal data will no longer be processed for these purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you can exercise your right to object by automated means using technical specifications .

Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), you have the right, on grounds relating to your particular situation, to object to processing of personal data relating to you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

You can exercise the right of objection at any time by contacting the respective controller.

 

(9) Automated individual decision-making, including profiling

You have the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects in relation to you or which significantly impairs you in a similar manner. This does not apply if the decision:

a) is necessary in order to conclude or fulfil a contract between the data subject and the controller;

b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or

c) is based on the data subject's explicit consent.

The controller shall implement suitable measures to safeguard the data subject’s 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.

The data subject can exercise the right of objection at any time by contacting the respective controller.

 

(10) 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 personal data relating to you infringes this Regulation.
 

(11) Right to effective judicial remedy

Without prejudice to any other administrative or non-judicial remedy, including the right to file a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you believe that the rights to which you are entitled pursuant to this regulation have been breached as result of the processing of your personal data in a manner not consistent with this regulation.


Use of social media plug-ins

(1) We currently use the following social media plug-ins: [Google+, Xing, LinkedIn]. To this end, we use the ‘two-clicks’ solution. This means that when you visit our website, we generally do not transmit any personal data to the provider of the plug-in at first. You can identify the provider of the plug-in by means of the markings on the box above the initial letter or logo. We provide you with the option to communicate directly with the provider of the plug-in by means of the button. Only if you click on the marked box to activate it is the provider of the plug-in informed that you have retrieved the corresponding webpage. In addition, the data stipulated in para. 3 of this policy are transmitted. In the case of Facebook and Xing, the IP address is anonymised immediately in Germany after collection according to information provided by the relevant providers. This means that by activating the plug-in, personal data relating to you are transmitted to the plug-in provider and stored there (in the USA, in the case of US providers). As the plug-in provider collects data in particular by means of cookies, we recommend that you delete all cookies via your browser’s settings before you click on the grey-shaded box.

(2) We cannot control the collected data or data processing steps, nor are we familiar with the full extent of the data collection, the purpose of the processing or the duration of the storage. Nor do we have any information about the erasure of the collected data by the plug-in provider.

(3) The plug-in provider saves your data as a user profile and uses these profiles for advertising, market research and/or the demand-driven design of their website. These analyses serve to display demand-driven advertising (even for users not logged in) and to inform other users of the social network about your activities on our website. You are entitled to object against the creation of these user profiles; this objection must be directed to the relevant plug-in provider. With the plug-in we offer you the option to interact with social networks and other users so that we can improve our content and make it more attractive for you as a user. The legal basis for the use of plug-in is point (f)of Article 6(1) p. 1 GDPR.

(4) The data are transmitted irrespective of whether you have an account with the plug-in provider and are logged into that account. If you are logged in with the plug-in provider, the data collected from us will be directly attributed to your account with the plug-in provider. If you click on the activated button and link the page, for example, the plug-in provider saves this information in your user account and will publicly disclose the information to your contacts. We recommend that you regularly log off from a social network after you have finished using it, and in particular before activating the button to avoid attribution to your profile by the plug-in provider.

(5) For further information on the purpose and scope of the data collection and data processing by the plug-in provider, please see the privacy policies of the providers stated below. There you will also find more information on your rights and the settings you can use to protect your privacy.

(6) Addresses of the relevant plug-in providers and URLs of their privacy policies:

 

Web analysis with Matomo 

On our websites, we use Matomo, an open source web analysis tool (https://matomo.org/) to collect and store data for marketing and optimisation purposes. From this data, usage profiles can be generated under a pseudonym. Matomo uses cookies for this purpose. Cookies are small text files that are stored locally in the buffer memory of the web browser of the person visiting the website to allow for an analysis of the visitor’s usage behaviour. The IP address is anonymised prior to storage, and the data collected with Matomo are not used without the specifically provided consent of the data subject to personally identify the visitor of the website and will not be merged with personal data relating to the bearer of the pseudonym. The generated data are saved on the server of the company Jung 2 in Germany. 

Users can prevent the installation of cookies by means of a setting in their browser; however, we wish to point out that in this case you may not be able to make full use of all the functions of this website. 

For further information and Matomo’s current privacy provisions, please see matomo.org/privacy/

 

Processor 

We make use of an external service provider (contract processor) for sending goods, newsletters or payment transactions, for the hosing of the websites and for web analysis. A separate agreement on the processing of data on behalf of others has been concluded with the service provider to ensure the protection of your personal data.

We work with the following service providers:

CleverReach GmbH & Co. KG
Muehlenstraße 43
26180 Rastede
Germany

 

Jung GmbH & Co. KG
Mergenthaler Straße 1
96247 Michelau