Privacy policy


This privacy policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online platform www.kollekkt.com (hereinafter referred to as “kollekkt”) and the related websites, features and content, as well as external online presence, e.g. our social media profiles (hereinafter in total referred to as "online offer"). 
With regard to the terminology used, e.g. "personal data" or their "processing", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible

Tech Ventures GmbH
Friedrich-Herschel-Str. 6
81679 Munich | Germany
Commercial register: HRB 235495
E-mail: hello AT kollekkt.com

Types of processed data

  • User-related data
  • Contact details
  • Content data
  • Usage data
  • Meta-/communication data

Processing of special categories of personal data (Art. 9 (1) GDPR)

No special categories of data are processed.

Categories of data subjects

  • Visitors and users

In the following, we also refer to the persons concerned as "users".

Purpose of processing data

  • Providing our online offer, its contents and functions.
  • Provision of contractual services, service and customer care.
  • Answering contact requests and communicating with users.
  • Marketing, advertising and market research.
  • Security measures.

As of 21.06.2018

 

1.   Relevant legal basis

In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis is stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for the processing for the provision of our services and the performance of contractual measures as well as the response to inquiries is Art. 6 (1) (b) GDPR, the legal basis for data processing in order to fulfil our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for the purposes of our legitimate interests is Article 6 (1) (f) GDPR.  In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as legal basis.

2.   Changes and updates to the privacy policy

We kindly ask you to inform yourself about the content of our privacy policy regularly. We will adjust the privacy policy as changes to our data processing may make it necessary. We will notify you as soon as changes require your participation (e.g. your consent) or other individual notification are necessary.

3.   Security of processing

3.1.   We take appropriate technical and organisational measures in accordance with Art. 32 DSGVO, taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of the processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk. 
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, assurance of availability and separation. In addition, we have established procedures that ensure exercising the rights of the data subjects, data erasure and a reaction to a possible hazard to the data. Furthermore, we consider the protection of personal data already in the development, respectively in the selection of hardware, software and procedures, applying the principles of privacy by design and privacy by default (Article 25 DSGVO).

3.2.   In particular one of the security measures is the encrypted transfer of data between your browser and our server.

4.   Cooperation with external contract processors and third parties

4.1.   If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit data to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties is required, as by payment service providers, pursuant to Art. 6 (1) (b) GDPR for the performance of a contract), based on your consent, a legal obligation or based on our legitimate interests (e.g. the use of agents, webhosts, etc.).

4.2.   If we commission third parties to process data on the basis of a so-called "data processing agreement", this is done on the basis of Art. 28 GDPR.

5.   Transfers of data to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfil our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. GDPR. That is, the processing is based, for example, on particular guarantees, such as the officially recognized level of data protection (for example, for the US by the Privacy Shield) or is based on the observance of officially recognized special contractual obligations ("standard contractual clauses").

6.   Rights of the data subject

6.1.   You have the right to obtain confirmation as to whether or not the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.

6.2.   In accordance with Art. 16 GDPR, you have the right to obtain the rectification of the data concerning you and you have the right to have incomplete personal data completed.

6.3.   In accordance with Art. 17 GDPR, you have the right to request that the data in question be erased without undue delay, or alternatively, in accordance with Art. 18 GDPR, demand a restriction of processing of the data.

6.4.   You have the right to receive from us the data relating to you, which you have provided to us, in accordance with Art. 20 GDPR and to request its transmission to another controller.

6.5.   In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with a supervisory authority.

7.   Right of withdrawal

In accordance with Art. 7 (3) GDPR, you have the right to withdraw your consent with effect for the future at any time.

8.   Right to object

In accordance with Art. 21 GDPR, you may object to the future processing of your data at any time. The objection may in particular be made against processing for direct marketing purposes.

9.   Cookies and right to object to direct marketing

We set temporary and persistent cookies, i.e. small files that are stored on users' devices (you will find an explanation of the term and function in the last section of this privacy policy). In part, cookies are used for security measures or to operate our online platform (for example, for the graphical presentation of the website) or to save the user's decision when confirming the cookie banner.  In addition, we or our technology partners use cookies for measuring reach and for marketing purposes, which users are informed about in the course of this privacy policy.
A general objection to the use of cookies used for online marketing purposes can be declared at a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, you can disable the storage of cookies in the settings of your browser. Please note that possibly not all features of kollekkt may be used.

10.   Erasure of data

10.1.   The data processed by us will be erased in accordance with Art. 17 and 18 GDPR or otherwise restricted in its processing. Unless explicitly stated in this privacy policy, the data stored by us is erased as soon as the personal data are no longer necessary in relation to the purposes for which they were collected and the erasure does not conflict with any legal retention period. Unless the data is erased because it is required for other and legitimate purposes, its processing will be restricted. That is, the data is locked and not processed for other purposes. This applies, for example for data that must be kept for commercial law or tax law reasons.

10.2.   According to legal requirements, the storage takes place in particular for 6 years in accordance with section 257 (1) HGB (trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting documents, etc.) and for 10 years in accordance with section 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc.).

11.   Provision of contractual services

11.1.   We process user-related data (e.g., user name and current city as well as the email addresses of users) for the performance of a contract, in accordance with Art. 6 (1) (b) GDPR. The entries marked as obligatory in online forms are required for the conclusion of the contract.

11.2.   Users can optionally create a user account. With this account users can use the full range of kollekkt’s functionality. As part of the registration process, the necessary mandatory information is communicated to the users. In case a user has terminated his user account, his user account data will be erased, unless the retention of the data is necessary for commercial or tax reasons according to Art. 6 (1) (c) GDPR. It is the responsibility of the users to secure their data upon termination before the end of the contract. We are entitled to irretrievably erase all user data stored during the term of the contract.

11.3.   As part of the registration and login as well as the use of our online services, the IP address and the time of the respective user action will be saved. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A data transfer to third parties does not take place, unless it is necessary for the pursuit of our claims or in case there is a legal obligation in accordance with. Art. 6 (1) (c) GDPR.

11.4.   We process user data (e.g. the visited web pages of our online offer) and content data (e.g. entries in the user evaluation form or in the user profile) for advertising purposes in an internal user profile, in order to inform the user, for example, about recommended places and experiences based on his previous user activities.

11.5.   The erasure takes place after expiry of legal obligations, the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiry (commercial law (6 years) and tax law (10 years)); information in the customer account remains until its erasure.

12.   Contacting us

12.1.   When contacting us (via contact form or e-mail), the information provided by the user is processed in order to work on the contact request and its resolution in accordance with Art. 6 (1) (b) GDPR.

12.2.   The information provided by users may be stored in our customer relationship management system ("CRM System") or a comparable system. 

12.3.   We erase a contact request, in case it is no longer required. Requests from users who have an account with us, we store permanently and refer to the erasure on the details of the user account. In the case of legal archiving obligations, the erasure takes place after its expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

13.   Collection of access data and log files

13.1.   Based on our legitimate interests in the legal sense of Art. 6 (1) (f) GDPR we collect data of every access to the server, on which this service is located (so-called server log files). The access data includes the name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

13.2.   Logfile information is stored for security purposes for a maximum of seven days (for example, to investigate abusive or fraudulent activities) and is then deleted. When further retention is required for evidential purposes, the data shall be exempted from the deletion until final clarification of the incident.

14.   Online presence within social media platforms

14.1.   We have an online presence within social networks and platforms in order to communicate with customers, prospects and users, who are active there and to inform them about our services. When visiting the respective networks and platforms, the respective service provider’s terms and conditions and data processing principles apply.

14.2.   Unless stated otherwise in our privacy policy, users' data will be processed as they communicate with us within social networks and platforms, e.g. write posts on our online presence or send us messages.

15.   Cookies and measuring reach

15.1.   Cookies are information transmitted from our web server or third-party web servers to users' web browsers, where they are stored for later visits. Cookies can be small files or other types of information storage.

15.2.   We use "session cookies" that are only stored for the duration of the current visit to our online presence (for example, to enable the storage of your login status and thus enable the use of our online offer in the first place). In a session cookie, a randomly generated unique identification number is stored, a so-called session ID. In addition, a cookie contains information about its origin and its retention period. These cookies cannot save any other data. Session cookies will be erased when you have finished using our online offer and you have, for instance, logged out of your account or closed the browser.

15.3.   The privacy policy informs the users about the use of cookies in the context of measuring the range pseudonymized.

15.4.   If users do not want cookies stored on their computer, they are asked to disable the corresponding option in their browser's system settings. 

15.5.   Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

15.6.   You may object to the use of cookies for measuring the range and for promotional purposes through the Network Advertising Initiative's opt-out page (http://optout.networkadvertising.org/) and the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

16.   Google Analytics

16.1.   Based on our legitimate interests (i.e. interests in the analysis, optimization and commercial operation of our online offer within the meaning of Art. 6 (1) (f) GDPR), we are using Google Analytics, a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the users are usually transmitted to a Google server based in the USA and also stored there.

16.2.   Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=A...). 

16.3.   Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this process, pseudonymous usage profiles of the users can be created from the processed data.

16.4.   We use Google Analytics to display advertisements, displayed within Google and its affiliate advertising services, only to those users who have shown an interest in our online offering or who have certain characteristics (e.g. interests in specific topics or products, which are determined by the web pages visited by them), which we submit to Google (so-called "remarketing" or "Google Analytics audiences"). With Remarketing Audiences, we also want to make sure that our ads are in line with the potential interest of the users and are not annoying.

16.5.   We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.

16.6.   The IP address submitted by the user's browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; users may also prevent the collection of user data by Google, generated by the cookies and related to the use of the online offer, as well as the processing of such data by Google, by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en

As an alternative to the browser add-on, especially for browsers on mobile devices, you can prevent the collection of data by Google Analytics by clicking on this link. An opt-out cookie is set, which will prevent the collection of your data visiting this site in the future when you visit kollekkt.com. The opt-out cookie is only valid in this browser and only for our online offer and is stored on your device. If you delete the cookies from this browser, you have to set the opt-out cookie again.

16.7.   For further information about how Google uses data and about settings options and ways to object, please visit the websites of Google: https://policies.google.com/technologies/ads (using data for advertising), https://adssettings.google.com/authenticated (control the information Google uses to show you ads).

17.   Google-Re/Marketing-Services

17.1.   Based on our legitimate interests (i.e. interests in the analysis, optimization and commercial operation of our online offer within the meaning of Art. 6 (1) (f) GDPR) we use the marketing and remarketing services ("Google Marketing Services "), LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, (" Google ").

17.2.   Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=A...).

17.3.   Google Marketing Services allow us to better target ads for and on our website so that we only present ads to users that potentially match their interests. If a user sees for example ads for products he has been interested in on other websites, it is called “remarketing”. For this purpose, when a user calls our website and other websites, a code is executed directly by Google and so-called (re) marketing tags (invisible graphics or code, also referred to as "web beacons") are incorporated into the website. With their help, the user is provided with an individual cookie, viz. a small file is saved (instead of cookies, comparable technologies can also be used). The cookies can be set by different domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. In this file is noted which web pages the user visited, what content he is interested in and what offers he has clicked, as well as technical information about the browser and operating system, referring web pages, visit time and other information on the use of the online offer. The IP address of the users is also recorded, whereby we announce in the context of Google Analytics, that the IP address is shortened within member states of the European Union or in other contracting states to the agreement on the European Economic Area and only in exceptional cases transferred to a Google server in the US as a whole and shortened there. The IP address will not be merged with data of the user within other offers from Google. The above information may also be combined by Google with such information from other sources. If the user subsequently visits other websites, the user may be shown advertisements that match his interests.

17.4.   The data of the users are processed pseudonymized as part of the Google Marketing Services. That is Google does not store and process, for example, the name or e-mail address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. That is from the perspective of Google, the ads are not managed and displayed to a specifically identified person, but to the cookie owner, regardless of who that cookie owner is. This does not apply if a user has explicitly allowed Google to process the data without this pseudonymization. The information collected about users through Google Marketing Services is transmitted to Google and stored on Google's servers in the United States.

17.5.   We are using "Google Tag Manager" to integrate and manage the Google Analytics and Marketing Services on our website.

17.6.   For more information about Google's data usage for marketing purposes, please visit the overview page: https://policies.google.com/technologies/ads, Google's Privacy Policy is available at https://policies.google.com/privacy.

17.7.   If you wish to opt-out of interest-based advertising through Google Marketing Services, you can use Google's settings and opt-out options on this this webpage: https://adssettings.google.com/authenticated.

18.   Facebook Social Plugins

18.1.   Based on our legitimate interests (i.e. interests in the analysis, optimization and commercial operation of our online offer within the meaning of Art. 6 (1) (f) GDPR) we use social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook"). Plugins may be interaction elements or content (e.g. videos, graphics or copy) and can be recognized by one of Facebook’s logos (white "f" on blue tile, the terms "Like", or a "thumbs up" sign) or are marked with the add-on "Facebook Social Plugin". A list and the appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/ .

18.2.   Facebook is certified under the Privacy Shield Agreement, which provides a guarantee that Facebook complies with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=A...).

18.3.   When a user calls up a feature of this online offer that includes such a plugin, the user’s device establishes a direct connection to Facebook’s servers. The content of the plugin is transmitted by Facebook directly to the device of the user and is integrated in the online offer. In the process, user profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of these plugins and therefore inform the users according to our knowledge.

18.4.   By integrating these plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to a Facebook account, Facebook can assign the visit to the user’s Facebook account. If users interact with the plugins, for example by clicking the “Like” button, or entering a comment, the information is transmitted from their device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will identify and save the user’s IP address. According to Facebook, only an anonymous IP address is stored in Germany.

18.5.   Please visit the privacy policy page of Facebook in order to learn about the purpose and the extent of data collection and data procession by Facebook, as well as your rights in this respect and settings options for protecting your privacy: https://www.facebook.com/about/privacy/

18.6.   If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and to link it to his member account data stored on Facebook, he must log out of his Facebook account and delete his cookies before using our online offer. Please find more setting options and objections to the use of data for promotional purposes are possible within the Facebook account settings: https://www.facebook.com/settings?tab=ads or via the US website http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

19.   Newsletter

19.1.   In the following we inform you about the contents of our newsletter as well as the registration process, the mailing and the statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the reception and the procedures described.

19.2.   Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing promotional information (hereinafter "newsletter") only with the consent of the recipient or a legal permission. Provided the content of a newsletter is described in detail in the context of a subscription to the newsletter, the description of the content is authoritative for the consent of the users. Incidentally, our newsletters contain information about our products, offers, promotions and our company.

19.3.   Registration for our newsletter is done on the settings page of your kollekkt user account. Please start your newsletter subscription by clicking on the corresponding newsletter check box after you logged in to your kollekkt user account. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the confirmation time, as well as the IP address.

19.4.   The logging of the registration process is based on our legitimate interests in accordance with. Art. 6 (1) (f) GDPR and serves as proof of consent to the reception of the newsletter.

19.5.   Termination / Revocation - You may terminate the receipt of our newsletter at any time, i.e. revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. Alternatively, please visit the settings page of your kollekkt user account and un-check the newsletter radio button in order to terminate your subscription.

20.   Integration of services and contents of third parties

20.1.   Based on our legitimate interests (i.e. interests in the analysis, optimization and commercial operation of our online offer within the meaning of Art. 6 (1) (f) GDPR), we make use of content or services offered by third-party providers, such as videos or fonts (hereinafter collectively referred to as "content"). This always presupposes that the third-party providers of this content perceive the IP addresses of the users, since they need these IP addresses in order to send content to the users’ browsers. The IP address is therefore required for the presentation of this content. We strive towards using only content, which respective providers use the IP address solely for the delivery of the content. Third party providers may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this online offer. The pseudonymous information may also be stored in cookies on the user's device and may include, among other things, technical information about the browser and operating system, referring web sites, visit time, and other information regarding the use of our online offer. This information may also be linked to such information from other sources.

20.2.   The following presentation provides an overview of third-party providers and their contents, as well as links to their privacy statements, which contain further information on the processing of data and, partly already mentioned, options to object to the processing of your data (so-called opt-out):