Data protection statement
Notes on data processing for this website in acc. with Art. 13 of the EU General Data Protection Regulation (GDPR) when collecting personal data for the affected person
Data protection notices (version: GDPR 2.0 from 21.12.2021)
motan holding gmbh is responsible for this website of the motan group Online Shop and, as provider of a teleservice, must notify you at the start of your visit about the type, scope and purpose of collection and usage of personal data in a precise, transparent, comprehensible and easily accessible form, using clear and simple language. These contents must be available to you at all times.
The security of your data and compliance with data protection regulations is very important to us. Processing of personal data is subject to the provisions of European and national laws currently in force.
The following data protection notices are intended to show you how we handle your personal data and how you can contact us:
motan holding gmbh
Stromeyersdorfstraße 12
78467 Constance
Germany
Commercial register no.: 381128
(Chief Executive Officer) Sandra Füllsack
Telephon: +49 7531 8178 – 0
E-Mail: shop@motan.com
Our data protection officer
Sven Lenz
Deutsche Datenschutzkanzlei – Datenschutzkanzlei Lenz GmbH & Co. KG
Bahnhofstraße 50
87435 Kempten
Germany
If you have any questions regarding data protection or any further concerns related to data protection regulation, please send an e-mail to the following e-mail address: datenschutz@motan.comcom
A. General
For reasons of comprehensibility, we will make no gender-specific differentiation. In the interests of anti-discrimination, relevant terms apply for all genders. With regard to terms used, such as “personal data” or “processing” thereof, refer to Art. 4 GDPR.
The personal data processed within this website include
- Inventory data (e.g. name and address of Customer),
- Contract data (e.g. services used, payment information),
- Content data (e.g. entries in online forms made when creating a customer account, for example).
B. Specific
data protection notices
We guarantee only to process your data gathered in conjunction with the processing of your requests and for internal purposes, as well as to provide services requested or provide content.
Purposes and legal bases for data processing
We process your personal data exclusively in compliance with the relevant data protection regulations. Legal bases are:
- Provision of our contractual services, Art. 6 para. 1 lit. b) GDPR
- Processing is a statutory requirement, Art. 6 para. 1 lit. c) GDPR
- Existence of your (electronic) consent, Art. 6 para. 1 lit. a) GDPR
- Safeguarding our legitimate interests, Art. 6 para. 1 lit. f) GDPR
Transmission of data to third parties
No data transmission to third parties takes place.
Transmission of data to a third country or an international organization
Those countries in which the GDPR is not directly applicable legislation are regarded as third countries. Fundamentally, this includes all countries outside of the EU or the European Economic Area.
No data is transmitted to a third country or an international organization without legal basis.
Storage period for your personal data
We adhere to the fundamentals of data economy and data avoidance. This means that we only store your data for as long as required to fulfil the purposes specified above or for the diverse retention periods required by law (e.g. commercial and tax-relevant retention periods). Should the purpose cease to apply, or after expiry of the relevant periods, your data is blocked or deleted as a matter of course, in accordance with the statutory provisions.
We have developed a proprietary concept for this, to ensure adherence to this procedure.
When processing personal data on the basis of express consent in accordance with Art. 6 para. 1 lit. a GDPR, these data are stored until such time as the affected person rescinds this consent.
Should statutory retention periods exist for data processed within the framework of contractual or quasi-contractual obligations on the basis of Art. 6 para. 1 lit. b GDPR, these data are deleted as a matter of course after expiry of the retention periods, insofar as the data is no longer required for contract fulfilment or contract initiation and/or we have no continued legitimate interest in extending the retention period.
When processing personal data on the basis of Art. 6 para. 1 lit. a GDPR, these data are stored until such time as the affected person exercises the right to rescission in accordance with Art. 21 para. 1 GDPR, unless we provide proof of compelling, legitimate grounds for processing that outweigh the interests, rights and freedoms of the affected person, or processing serves to assert, exercise or defend legal claims.
Insofar as nothing to the contrary emerges from the other information in this declaration about specific processing situations, saved personal data is also then deleted if it is no longer required for the purposes for which it has been collected or otherwise processed.
Establishment of contact
Your establishing contact with us by using the contact options specified on the website, in particular by means of our contact form, represents a declaration of consent with electronic communication. Personal data are processed with the framework of establishing contact by electronic means. The information you provide is stored exclusively for the purposes of processing the request and for potential follow-up questions.
We are happy to inform you of the legal basis for this:
· Processing to fulfil our services and execute contractual measures Art. 6 para. 1 lit. b) GDPR
We hereby advise you that it is possible for e-mails to be read or changed in an unauthorized and undetected manner when using this transmission channel. We also call your attention to the fact that we use software to filter unwanted e-mails (spam filter). The spam filter can reject e-mails that have been incorrectly identified as spam due to specific characteristics.
Creation of a customer account
Our shop provides the option of creating a customer account. An online form is used to request data during creation, in the form of mandatory fields. We require these data for contract processing or for verification (of the tax identification number for the company that will become our customer with this registration, for example).
The relevant input form reveals which data are collected. You customer account can be deleted at any time and this can take place in the form of a message addressed to the abovementioned responsible person. We store and use the data you provide for
contract processing. Your data are blocked after conclusion of processing for the contract or deletion of your customer account, taking tax-relevant and commercial retention periods. Data are deleted after expiry of these period, insofar as you have not expressly consented to further usage of the data or we have not reserved a legally permitted further usage on our part.
In particular, you are responsible for assigning a login password in your customer space. This password is known only to you, and not to motan holding gmbh. Please do not provide this password to unauthorized third parties.
What are your rights?
a) Right to information
You have the right to obtain information about your saved data, free of charge. On request, will inform you in writing which of your personal data we have stored. This also includes the origin and recipients of your data and the purpose of data processing.
b) Right to correction
You have the right to demand correction of your data stored with us, if this is incorrect. This may include demanding restriction of processing when contesting the accuracy of your personal data, for example.
c) Right to block
You may also block your data. These data must be placed in a block file for monitoring purposes to allow blocking of your data to be taken into account.
d) Right to deletion
You may demand the deletion of your personal data insofar as no statutory retention periods apply. Insofar as such an obligation applies, we will block your data as requested. If the relevant statutory conditions exist, we will also delete your personal data without a demand to do so on your part.
e) Right to data portability
You are authorized to demand that we provide personal data that we have transmitted, in a format that permits transmission to another authority.
f) Right of appeal to a regulatory authority
You have the option of approaching one of the data protection regulatory authorities to lodge an appeal.
The data protection authority responsible for us:
The Baden-Wuerttemberg State Commissioner for Data Protection and Freedom of Information
Postal address: Postfach 10 29 32, 70025 Stuttgart, Germany
Office address: Königstraße 10a, 70173 Stuttgart, Deutschland
Telephone: +49 711 615541-0 – 0
Telefax: +49 711 615541-15
E-Mail: poststelle@lfdi.bwl.de
Web: https://www.baden-wuerttemberg.datenschutz.de
You can open the appeal form under the following link:
https://www.baden-wuerttemberg.datenschutz.de/beschwerde/
Note: An appeal can also be lodged with any data protection regulatory authority within the EU.
g) Right to object
At any time, for reasons arising from your specific situation, you may object to the processing of your data in accordance with Art. 6 para. 1 subsections e) and f); this also applies for profiling based on these provisions.
motan holding gmbh then ceases to process your personal data, unless it can provide proof of compelling, legitimate grounds for processing that outweigh your interests, rights and freedoms, or processing serves to assert, exercise or defend legal claims.
Where personal data are processed to conduct direct advertising, you have the right to object to processing of personal data concerning you for the purposes of such advertising at any time; this also applies to profiling insofar as this is in conjunction with such direct advertising. If an objection is raised, we will no longer process your personal data for the purposes of direct advertising. Sending us a pertinent e-mail is sufficient.
h) Right of rescission
You may rescind your consent to processing of your data with future effect, without specifying any reasons and at any time. This rescission has no detrimental effect on you. Sending us a pertinent e-mail is sufficient.
However, such rescission does not affect the legality of processing that has taken place up to the time of rescission, on the legal basis of Art. 6 para. 1 subsection a) GDPR.
To assert your rights as an affected person, send us an e-mail to the following address: datenschutz@motan.com
Protection for your personal data
We adopt state-of-the-art contractual, technical and organizational security measures to ensure compliance with data protection legislation and thereby to protect processed data against incidental or intentional manipulation, loss, destruction, or against access by unauthorized persons.
These security measures include the encrypted transfer of data between your browser and our server. 256-bit SSL (AES 256) encryption technology is used for this.
Your personal data is protected within the framework of the following items (excerpt):
a) Guarantee of confidentiality for your personal data
We have adopted various measures for entry, admission and access control to guarantee the confidentiality of your personal data stored with us.
b) Guarantee of integrity for your personal data
We have adopted various measures for forwarding and input control to guarantee the integrity of your personal data stored with us.
c) Guarantee of availability for your personal data
We have adopted various measures for order and availability control to guarantee the availability of your personal data stored with us.
The security measures in use are continually being improved in accordance with technological developments. Despite these precautionary measures, the insecure nature of the Internet means that we are unable to guarantee the security of your data transfer to our website. Consequently, you perform any type of data transfer at your own risk.
Protection of minors
Persons not yet 16 years of age may only provide us with personal information with the express permission of parents/legal guardians. Such data are processed in accordance with these data protection guidelines.
Server log files
The provider of the pages automatically collects and stores information in server log files, which your browser automatically transmits to us. The data:
· Browser type and browser version
· Operating system used
· Referrer URL
· Host name for the accessing computer
· Time of server request
· IP address
These data are not merged with other sources of data.
The basis for data processing is, in accordance with Art. 6 para. 1 lit. f) GDPR our legitimate interest.
Cookies
Cookies are small text files that are stored locally in the cache of your Internet browser. Cookies enables recognition of the Internet browser, for example. The files are used to assist the browser to navigate through the website and to allow use of the full scope of all functions.
We only use systemically relevant cookies.
In some cases, cookies are used to simplify the order process by storing settings (e.g. retaining the contents of a virtual shopping cart for a later visit to the website). Insofar as individual cookies used by us also process personal data, the processing takes place in accordance with Art. 6 para. 1 lit. b GDPR, either to execute the contract or in accordance with Art. 6 para. 1 lit. f GDPR to guarantee our legitimate interests in the best possible functionality for the website as well as customer-friendly and effective design of the site visit.
Please note that you can configure your browser so that you are informed when cookies are set and can make a decision as to whether to accept each one. You can also exclude the acceptance of cookies, for specific cases or in general. Each browser applies a different method to manage cookie settings. This is described in the Help menu for each browser, which explains how you can change your cookie settings. You can find these for each browser under the following links:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Opera: https://help.opera.com/de/latest/web-preferences/#cookies
Please not that refusal to accept cookies can restrict the functionality of our website.
Passing on personal data for order processing
Within the framework of contract processing, the personal data collected by us are passed on to the transport company commissioned for delivery, insofar as this is required for delivery of goods. Within the framework of payment processing, we pass on payment data to the responsible financial institution.
Within the framework of payment processing, for payments with PayPal, credit card via PayPal, direct debit via PayPal or – if offered – ""purchase on account"" via PayPal, we pass on the payment data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ""PayPal""). PayPal reserves the right to perform a creditworthiness check for these payment methods: credit card via PayPal, direct debit via PayPal or – if offered – ""purchase on account"" via PayPal. PayPal uses the result of the creditworthiness check with reference to the statistical likelihood of payment default for the purpose of making a decision about the provision of the relevant payment method. The creditworthiness check can contain probability values (known as score values). Insofar as score values are included in the creditworthiness check result, these are based on a scientifically recognized mathematical and statistical procedure. The calculation of the score values includes address data. You can find further information relevant to data protection, including information about the credit bureaus used, in the data protection notes from PayPal: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Payment via SOFORT means that we receive the credit transfer immediately. To do so, you provide SOFORT GmbH (Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany) with IBAN or account number, bank code, PIN and TAN by using the secure payment form that we cannot access. SOFORT GmbH automatically sets up a bank transfer from your online bank account, in real time. The purchase amount due is transferred immediately and directly to our bank account. If the instant transfer payment type is selected, a prefilled form opens automatically at the end of the order process. This contains our bank details. The bank transfer amount due and the transfer purpose are also entered. In the form, you must specify the country in which the online banking account is located, as well as the bank code. To execute the instant transfer, you must enter the account number and PIN to login to online banking and confirm by entering a TAN. The transaction is confirmed instantly. In principle, all users with an activated online banking account with PIN/TAN procedure are able to select instant transfer as payment type. Note that instant transfer is not yet available with some banks. You can find further information on the website for the provider: https://www.klarna.com/sofort.
When paying via credit card, the credit card data entered are encrypted for transfer. 3DS authentication (Verified by VISA, MasterCard Secure Code, American Express SafeKey, Diners Club International ProtectBuy) is used when concluding the order. The authentication uses special encryption procedures to guarantee particularly secure processing of credit card transactions on the Internet. You are forwarded to the bank site.
Passing on your data to shipping service providers
Delivery of goods up to a weight of 31 kg is normally executed by the transport service provider DHL (DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn), other shipping service providers are only commissioned in situations when load is particularly high. Insofar as you have granted consent to us during the order process, we pass on your e-mail address in accordance with Art. 6 para. 1lit. a GDPR to DHL before delivery of goods for the purpose of coordinating a delivery date or for announcement of delivery. Otherwise, for delivery purposes in accordance with Art. 6 para. 1 lit. b GDPR, we only pass on the name of the recipient and the address to DHL. This is only passed on insofar as required for delivery of goods. In this case, it is not possible to coordinate the delivery date with DHL in advance, or to announce the delivery. You can contact us, motan holding gmbh or the transport service provider DHL at any time to rescind the consent with future effect.
For packages above a weight of 31 kg, goods are generally shipped by a freight forwarding company. We normally work with the freight forwarding company Dachser SE, Kempten.
Changes to our data protection notes
We reserve the right to make adjustments to our data protection notes at short notice, to ensure that these always comply with current legal requirements, or to make changes to our services. This can affect the introduction of new services, for example. The new data protection notes then apply on your next visit.