bytelikes

Privacy Policy

This Privacy Policy informs you about the type, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (collectively referred to as “online offering”). Regarding the terms used, such as “processing” or “controller”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Controller

ByteBasket GmbH
Ginnheimer Stadtweg 111
60431 Frankfurt am Main
Germany
Imprint

Types of Data Processed

  • Inventory data (e.g., names, addresses).
  • Contact data (e.g., email, telephone numbers).
  • Content data (e.g., text input, photographs, videos).
  • Usage data (e.g., websites visited, interest in content, access times).
  • Meta/communication data (e.g., device information, IP addresses).

Categories of Data Subjects

Visitors and users of the online offering (hereinafter referred to collectively as “users”).

Purpose of Processing

  • Provision of the online offering, its functions, and content.
  • Responding to contact requests and communication with users.
  • Security measures.
  • Reach measurement/marketing.

Terms Used

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

“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. The term is broad and encompasses practically any handling of data.

“Pseudonymization” means the processing of personal data in such a manner 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

The “controller” is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

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

Online Presences in Social Media

We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties, and users active there and to inform them about our services.

We point out that user data may be processed outside the European Union. This may result in risks for users because, for example, the enforcement of users’ rights could be made more difficult. Regarding US providers certified under the Privacy Shield, we point out that they undertake to comply with the data protection standards of the EU.

Furthermore, user data is usually processed for market research and advertising purposes. For example, user profiles can be created based on user behavior and the resulting interests of the users. The user profiles can, in turn, be used to display advertisements inside and outside the platforms that presumably correspond to the users’ interests. For these purposes, cookies are usually stored on the users’ computers, in which the usage behavior and interests of the users are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

The processing of the personal data of the users takes place based on our legitimate interests in an effective information of the users and communication with the users pursuant to Art. 6 para. 1 lit. f. GDPR. If the users are asked by the respective providers for consent to the data processing (i.e., to declare their consent, e.g., by ticking a checkbox or confirming a button), the legal basis of the processing is Art. 6 para. 1 lit. a., Art. 7 GDPR.

For a detailed description of the respective processing and the opt-out options, we refer to the following linked information of the providers.

Also, in the case of information requests and the assertion of user rights, we point out that these can be most effectively asserted with the providers. Only the providers have access to the data of the users and can take appropriate measures and provide information directly. If you still need help, you can contact us.

Relevant Legal Bases

In accordance with Art. 13 GDPR, we inform you about the legal bases of our data processing. If the legal basis is not mentioned 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 processing for the performance of our services and carrying out contractual measures as well as responding to inquiries is Art. 6(1)(b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6(1)(c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6(1)(f) GDPR. In the event that vital interests of the data subject or another natural person make the processing of personal data necessary, Art. 6(1)(d) GDPR serves as the legal basis.

Security Measures

We take appropriate technical and organizational measures in accordance with Art. 32 GDPR, considering the state of the art, implementation costs, and the nature, scope, circumstances, and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk. Measures include, in particular, securing the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access, input, transfer, ensuring availability, and separation of data. We also have procedures in place that ensure the exercise of data subject rights, the deletion of data, and responses to data threats. Furthermore, we consider the protection of personal data already during the development, or selection of hardware, software, and procedures, according to the principle of data protection by design and by default (Art. 25 GDPR).

Cooperation with Processors and Third Parties

If we disclose data to other persons and companies (processors or third parties) in the course of our processing, transmit it to them, or otherwise grant them access to the data, this is only done based on a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, is necessary for the performance of the contract according to Art. 6(1)(b) GDPR), you have consented, a legal obligation provides for this, or based on our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data based on a so-called “data processing agreement”, this is done based on Art. 28 GDPR.

Transfers 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 if this happens in the course of using third-party services or disclosing, or transmitting data to third parties, this only occurs if it is done to fulfill our (pre)contractual obligations, based on your consent, a legal obligation, or our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place, for example, based on special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of Data Subjects

You have the right to request confirmation as to whether data concerning you is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have the right in accordance with Art. 16 GDPR to request the completion of data concerning you or the correction of inaccurate data concerning you.

In accordance with Art. 17 GDPR, you have the right to request that relevant data be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request its transmission to other controllers.

Furthermore, in accordance with Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.

Right to Withdraw Consent

You have the right to withdraw consent given in accordance with Art. 7(3) GDPR with effect for the future.

Right to Object

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

Cookies and Right to Object to Direct Advertising

“Cookies” are small files that are stored on users’ computers. Various information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offering and closes their browser. In such a cookie, for example, the content of a shopping cart in an online shop or a login status can be stored. “Permanent” or “persistent” cookies are those that remain stored even after the browser is closed. For example, the login status can be saved if the users visit it after several days. Likewise, user interests can be stored in such a cookie, which is used for reach measurement or marketing purposes. “Third-party cookies” are cookies offered by providers other than the controller who operates the online offering (otherwise, if it is only their cookies, they are referred to as “first-party cookies”).

We may use temporary and permanent cookies and provide information on this in our privacy policy.

If users do not want cookies to be stored on their computers, they are asked to disable the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offering.

A general objection to the use of cookies used for online marketing purposes can be declared for a variety of services, especially in the case of tracking, via the US-American site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the settings of the browser. Please note that not all functions of this online offering may be used if cookies are disabled.

Deletion of Data

The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer necessary for its intended purpose, and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means the data will be locked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, data is retained in particular for 10 years in accordance with §§ 147(1) AO, 257(1) Nos. 1 and 4, (4) HGB (books, records, management reports, accounting records, commercial books, documents relevant for taxation, etc.) and for 6 years in accordance with § 257(1) Nos. 2 and 3, (4) HGB (commercial letters).

According to legal requirements in Austria, data is retained in particular for 7 years in accordance with § 132(1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with properties, and for 10 years for documents related to electronically provided services, telecommunications, broadcasting, and television services provided to non-business entities in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

Business-Related Processing

Additionally, we process

  • Contract data (e.g., contract subject, duration, customer category).
  • Payment data (e.g., bank details, payment history) from our customers, prospects, and business partners for the purpose of providing contractual services, service, and customer care, marketing, advertising, and market research.

Order Processing in the Online Shop and Customer Account

We process the data of our customers in the context of the ordering process in our online shop to enable them to select and order the chosen products and services, as well as their payment and delivery, or execution.

The processed data includes inventory data, communication data, contract data, payment data, and the data subjects include our customers, prospects, and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery, and customer services. We use session cookies to store the shopping cart content and permanent cookies to store the login status.

The processing is based on Art. 6(1)(b) (execution of order processes) and (c) (legally required archiving) GDPR. The data marked as required is necessary for the conclusion and fulfillment of the contract. We disclose the data to third parties only in the context of delivery, payment, or within the scope of legal permissions and obligations to legal advisors and authorities. The data is processed in third countries only if necessary for the fulfillment of the contract (e.g., on customer request for delivery or payment).

Users can optionally create a user account, in particular by viewing their orders. As part of the registration, the required mandatory information is provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax law reasons in accordance with Art. 6(1)(c) GDPR. Information in the customer account remains until it is deleted with subsequent archiving in case of a legal obligation. It is up to the users to save their data before the end of the contract in case of termination.

As part of the registration and re-registrations as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the users’ protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place unless it is necessary to pursue our claims or there is a legal obligation in accordance with Art. 6(1)(c) GDPR.

The deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of the storage of the data is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry (end of commercial (6 years) and tax (10 years) retention obligation).

External Payment Service Providers

We use external payment service providers through whose platforms the users and we can carry out payment transactions (e.g., with a link to the privacy policy, PayPal https://www.paypal.com/de/webapps/mpp/ua/privacy-full, Klarna https://www.klarna.com/de/datenschutz/, Skrill https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/, Giropay https://www.giropay.de/rechtliches/datenschutz-agb/, Visa https://www.visa.de/datenschutz, Mastercard https://www.mastercard.de/de-de/datenschutz.html, American Express https://www.americanexpress.com/de/content/privacy-policy-statement.html).

In the context of fulfilling contracts, we use the payment service providers based on Art. 6(1)(b) GDPR. Otherwise, we use external payment service providers based on our legitimate interests in accordance with Art. 6(1)(f) GDPR to provide our users with effective and secure payment options.

The data processed by the payment service providers includes inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs, and checksums as well as the contract, sums and recipient-related information. The information is required to carry out the transactions. The entered data will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information of the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. This transmission aims to check identity and creditworthiness. For this, we refer to the terms and conditions and privacy notices of the payment service providers.

The terms and conditions and the privacy notices of the respective payment service providers, which are available within the respective websites or transaction applications, apply to the payment transactions. We refer to these for further information and the assertion of revocation, information, and other data subject rights.

Administration, Financial Accounting, Office Organization, Contact Management

We process data within the scope of administrative tasks as well as organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In this context, we process the same data that we process in the course of providing our contractual services. The processing bases are Art. 6(1)(c) GDPR, Art. 6(1)(f) GDPR. Customers, prospects, business partners, and website visitors are affected by the processing. The purpose and our interest in processing lie in the administration, financial accounting, office organization, archiving of data, i.e., tasks that serve the maintenance of our business activities, performance of our tasks, and provision of our services. The deletion of data concerning contractual services and contractual communication corresponds to the information provided in these processing activities.

We disclose or transmit data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee agencies and payment service providers.

Furthermore, based on our business interests, we store information on suppliers, event organizers, and other business partners, e.g., for the purpose of later contact. These majority company-related data, we store permanently.

Contact

When contacting us (e.g., via contact form, email, phone, or via social media), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6(1)(b) GDPR. The user details may be stored in a Customer-Relationship-Management System (“CRM System”) or comparable request organization.

We delete the requests if they are no longer necessary. We review the necessity every two years; Furthermore, the statutory archiving obligations apply.

Hosting

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services, which we use for the purpose of operating this online offering.

In this context, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospects, and visitors to this online offering based on our legitimate interests in an efficient and secure provision of this online offering in accordance with Art. 6(1)(f) GDPR in conjunction with Art. 28 GDPR (conclusion of an order processing contract).

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke

Google Analytics

To the extent that you have given your consent, this website uses Google Analytics, a web analytics service provided by Google Ireland Limited (“Google”). The use includes the operating mode “Universal Analytics.” This makes it possible to assign data, sessions, and interactions across multiple devices to a pseudonymous user ID and thus analyze a user’s activities across devices. This privacy notice is provided by www.intersoft-consulting.de.