Data Privacy Policy under GDPR (General Data Protection Regulation)

1 Name and address of the entity responsible

The company responsible within the purpose of the Basic Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is:

wehorse
c/o pferdia GmbH
Axel Springer Platz 3
20355 Hamburg/Germany
E-mail: service@wehorse.com

2 General information on data processing

2.1 Scope of the processing of personal data

We process the personal data of our users only to the extent necessary to provide a functioning website as well as our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by statutory provisions. 

2.3 legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing personal data, Art. 6 Para. 1 sub. a of EU GDPR (General Data Protection Regulation) serves as the legal basis. Art. 6 para. 1 sub. b of GDPR serves as the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to process operations that are necessary for the implementation of pre-contractual measures. Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 sub. c of GDPR serves as a legal basis. Art. 6 para. 1 sub. d GDPR serves as a legal basis in the event that vital interests of the data subject or another natural person necessitate the processing of personal data. If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 sub. f GDPR serves as the legal basis for the processing.

2.3 Data deletion and storage period

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, the data may be stored if the European or national legislator has provided for this in Union regulations, laws or other provisions to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires unless it is necessary for further storage of the data for the conclusion or performance of a contract.

3 Provision of the website and creation of log files

3.1 Description and scope of data processing

Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

  1. Information about the browser type and the version used
  2. The user's operating system
  3. The Internet service provider of the user
  4. The IP address of the user
  5. Date and time of access
  6. Websites from which the user's system accesses our website
  7. Websites accessed by the user's system through our website
  8.  The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.

3.2 Legal requirement for data processing

The legal grounds for the temporary storage of data and log files is Art. 6 para. 1 sub. f GDPR.

3.3 Purpose of the data processing

The temporary storage of the IP address by the system is necessary to enable the delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session. The data is stored in log files to ensure the functionality of the website. The data is also used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. These purposes also include our legitimate interest in the data processing pursuant to Art. 6 para. 1 sub. f GDPR.

3.4 Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected or at the end of the statutory retention period. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, this is the case after seven days at the latest. A storage going beyond this is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

3.5 Possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object.;

4 Use of cookies

4.1 Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user visits a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

  1. Language settings
  2. Articles in a shopping cart
  3. Log-in information
  4. Watched videos
  5. Commented Videos

4.2 Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 sub. f GDPR.

4.3 Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized also after a page change.

We need cookies for the following applications:

  • Login process
  • Acceptance of language settings
  • Access management
  • User administration
  • Remember search terms
  • Registration
  • Shopping Cart
  • Checkout/Payment

The user data collected by technically necessary cookies are not used to create user profiles. In these purposes, our legitimate interest lies in the processing of personal data in accordance with Art. 6 para. 1 sub. f GDPR.

4.4 Duration of storage, objection and removal options

Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

5 Newsletter

5.1 Description and scope of data processing

 You can subscribe to a free newsletter on our website. When you register for the newsletter, the data from the input mask will be transmitted to us.

  • Email address
  • Optional: Name and first name

In addition, the following data is collected during registration:

  • IP address of the calling computer
  • Date and time of registration

Your consent will be obtained for the processing of your data during the registration process and reference will be made to this data protection declaration. If you purchase goods or services on our website and enter your e-mail address, this may subsequently be used by us to send you a newsletter. In such a case, the newsletter will only send direct advertising for our own similar goods or services. No data will be passed on to third parties in connection with data processing for the dispatch of newsletters. The data will be used exclusively for the dispatch of the newsletter.

5.2 Legal basis for the data processing

The legal basis for the processing of data by the user after registration for the newsletter is Art. 6 para. 1 sub. A GDPR if the user has given his consent. The legal basis for the dispatch of the newsletter as a result of the sale of goods or services is § 7 para. 3 UWG (Act against unfair competition). 

5.3 Purpose of the data processing

The collection of the user's e-mail address serves to deliver the newsletter. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.

5.4 Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. The user's e-mail address will, therefore, be stored as long as the newsletter subscription is active. The other personal data collected during the registration process will generally be deleted after a period of seven days.

5.5 Possibility of opposition and removal

The subscription of the newsletter can be canceled by the affected user at any time. For this purpose, there is a corresponding link in every newsletter. This also enables the revocation of the consent to the storage of personal data collected during the registration process.

5.6 Use of the newsletter service provider MailChimp

The newsletter is sent via "MailChimp", a newsletter distribution platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The e-mail addresses of our newsletter recipients, as well as their other data described in the context of this notice, are stored on the servers of MailChimp in the USA. MailChimp uses this information to send and evaluate newsletters on our behalf. Furthermore, according to its own information, MailChimp may use this data to optimize or improve its own services, e.g. for the technical optimization of the dispatch and presentation of the newsletter or for economic purposes in order to determine from which countries the recipients come. However, MailChimp does not use the data of our newsletter recipients to write to them or pass them on to third parties. We rely on the reliability and IT and data security of MailChimp. MailChimp is certified under the US-EU data protection agreement "Privacy Shield" and is therefore committed to complying with EU data protection regulations. In addition, we have concluded a data processing agreement with MailChimp. This is a contract in which MailChimp undertakes to protect the data of our users, to process it on our behalf in accordance with their data protection regulations and, in particular, not to pass it on to third parties. You can view the privacy policy of MailChimp here.

6 Registration

6.1 Description and scope of data processing

On our website, we offer users the opportunity to register by providing personal data. The data is entered into an input mask and transmitted to us and stored. The data will not be passed on to third parties. The following data is collected as part of the registration process:

User name, e-mail address, first name, surname, street, and house number, postal code, city, country, birthday (optional), telephone number (optional)

 The following data will also be stored at the time of registration:

  • The IP address of the user
  • Date and time of registration
  • Email Address
  • Password
  • Customer master data
  • Optional: Birthday
  • Optional: Telephone number
  • As part of the registration process, the user's consent to the processing of this data is obtained.

6.2 Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 sub. b GDPR if the user has given his consent.

6.3 Purpose of the data processing

The registration of the user is necessary for the fulfillment of a contract with the user or for the implementation of pre-contractual measures. This is necessary to issue a proper invoice and to make the payments. 

6.4 Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. This is the case during the registration process for the fulfillment of a contract or for the implementation of pre-contractual measures if the data are no longer necessary for the implementation of the contract. Even after the conclusion of the contract, it may be necessary to store personal data of the contractual partner in order to comply with contractual or legal obligations.

6.5 Possibility of objection and removal

As a user, you have the possibility to cancel the registration at any time. You can change the data stored about you at any time. For deletion, please contact us by e-mail at service@wehorse.com If the data are necessary for the fulfillment of a contract or for the execution of pre-contractual measures, early deletion of the data is only possible, as far as contractual or legal obligations do not stand in the way of a deletion. 

7 Contact form and e-mail contact

7.1 Description and scope of data processing

A contact form is available on our website, which can be used for electronic contact. If a user makes use of this possibility, the data entered in the input mask will be transmitted to us and stored. These data are:

Name, e-mail address, subject, message

Your consent will be obtained for the processing of the data as part of the sending process and reference will be made to this data protection declaration. Alternatively, you can contact us via the e-mail address provided. In this case the personal data of the user transmitted with the e-mail will be stored. The data will not be passed on to third parties in this context. The data will be used exclusively for the processing of the conversation.

7.2 Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 sub. a GDPR if the user has given his consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 sub. f GDPR. If the purpose of the e-mail contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 sub. b GDPR.

7.3 Purpose of data processing

The processing of the personal data from the input mask serves us exclusively for the processing of the establishment of contact. If you contact us by e-mail, this is also the necessary legitimate interest in the processing of the data. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

7.4 Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the relevant facts have been conclusively clarified. The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

7.5 Possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. A revocation can be made by e-mail to service@wehorse.com. All personal data stored in the course of contacting us will be deleted in this case.

8 Web analysis by Google Analytics

8.1 Scope of the processing of personal data

We use the Google Analytics tool on our website to analyze the surfing behavior of our users. The software places a cookie on the user's computer (for cookies, see above). If the individual pages of our website are accessed, the following data is stored:

  • Two bytes of the IP address of the user's calling system
  • The website accessed
  • The website from which the user accessed the called website (referrer)
  • The subpages called from the called web page
  • The time spent on the website
  • Frequency of a call of a site

The storage of the personal data of the users takes place only in Google Analytics. The data will not be passed on to third parties. The software is set so that the IP addresses are not stored completely, but 2 bytes of the IP address are masked (e.g.: 192.168.xxx.xxx). In this way, it is no longer possible to assign the shortened IP address to the calling computer.

8.2 Legal basis for the processing of personal data

The legal basis for the processing of users' personal data is Art. 6 para. 1 sub. f GDPR

8.3 Purpose of the data processing

The processing of users' personal data enables us to analyze the surfing behavior of our users. By evaluating the data collected, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. In these purposes, our legitimate interest also lies in the processing of data in accordance with Art. 6 Para. 1 lit. f DSGVO. By anonymizing the IP address, the interest of users in the protection of their personal data is sufficiently taken into account.

8.4 Duration of storage

The data is deleted as soon as it is no longer needed for our recording purposes. In our case, this is the case after 50 months.

8.5 Possibility of objection and removal

Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

With a click on the button, you can switch tracking via Google Analytics on and off. 

 

9 Web analysis through Facebook

We use Facebook integrations on our entire website; Facebook is a so-called social network in which the users registered there with a personal profile can get in touch with each other, communicate via different channels and share information (texts, videos, pictures) about themselves and others with each other. The person responsible for Facebook as defined by the GDPR is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. Every time you visit our website, Facebook registers this by downloading the installed component (Facebook plugin, Facebook pixels). If you are a registered Facebook user and permanently logged into your personal profile, Facebook will also recognize which pages you are viewing. Facebook collects this information and automatically assigns it to your user profile. Furthermore, every interaction you make with the integrations installed on our website is registered in the same way by Facebook and assigned to your profile. If you do not agree with this allocation of your data, please log out of your Facebook account before visiting our website. You can generally object to the collection of your data by the Facebook pixel on our website by clicking the opt-out button below.

Opt-Out Note: If you click the link, an opt-out cookie will be stored on your device. If you delete the cookies in this browser, you will need to click the link again. Furthermore, the opt-out applies only within the browser you are using and only within our web domain on which the link was clicked. You can view a complete overview of the home page plug-ins offered by Facebook by clicking on the following link: https://developers.facebook.com/docs/plugins/?locale=en; Facebook also provides information on the processing of personal data in the data policy available at the following link: https://www.facebook.com/about/privacy. On the page, you will also find various setting options to increase or guarantee the protection of your privacy.

10 Web Analysis by Pinterest

We use the service pinterest.com on our website. Pinterest.com is a service of Pinterest, Inc. 808 Brannan St, San Francisco, CA 94103, USA. By clicking the "Pinterest" button on our website, Pinterest receives the information that you have accessed the corresponding page of our website. If you are logged in to Pinterest, Pinterest can assign this visit to your Pinterest account and link the data to it. The data transmitted by clicking on the "Pinterest" button is stored by Pinterest. For the purpose and scope of the data collection, its processing and use as well as your rights in this regard and setting options to protect your privacy, you will find further information in the Pinterest data protection information, which you can call up at http://pinterest.com/about/privacy/. To prevent Pinterest from assigning your visit to our site to your Pinterest account, you must log out of your Pinterest account before visiting our site. You can generally opt-out of the collection of your data by Pinterest Tag on our website by clicking the opt-out button below.

11 Rights of the data subject

If personal data is processed by you, you are the data subject within the meaning of GDPR and you are entitled to the following rights vis-à-vis the person responsible:

11.1 Right to information

You can request confirmation from the person responsible as to whether personal data relating to you will be processed by us. In the event of such processing, you may request the following information from the data controller:

  1. the purposes for which the personal data will be processed;
  2. the categories of personal data processed;
  3. the recipients or categories of recipients to whom the personal data relating to you have been or will be disclosed;
  4. the planned duration of the retention of the personal data relating to you or, if it is not possible to provide specific information in this regard, criteria for determining the retention period;
  5. the existence of a right to rectify or delete personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. all available information on the origin of the data, if the personal data are not collected from the data subject;
  8. the existence of automated decision-making including profiling in accordance with Art. 22 para. 1 and 4 GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.

You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.

11.2 Right to rectification 

You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The data controller must carry out the rectification immediately.

11.3 Right to limit the processing

Under the following conditions, you may request that the processing of your personal data be restricted:

  1. if you dispute the accuracy of the personal data concerning you for a period of time which allows the controller to verify the accuracy of the personal data;
  2. the processing is unlawful, and you refuse to erase the personal data and instead request that the use of the personal data be restricted;
  3. the controller no longer needs the personal data for the purposes of the processing, but you need them for the assertion, exercise or defense of legal claims, or
  4. if you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been established whether the legitimate reasons for the data controller outweigh your reasons. 

If the processing of personal data concerning you has been restricted, such data - apart from their storage - may only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State. If the processing restriction has been limited in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

11.4 Right to cancellation

a) Obligation to delete

You may request the data controller to delete the personal data concerning you immediately and the data controller is obliged to delete this data immediately if one of the following reasons applies:
  1. Personal data relating to you shall no longer be necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing pursuant to Art. 6 para. 1 sub. a or Art. 9 para. 2 sub. a GDPR was based and there is no other legal basis for the processing.
  3. You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 para. 2 GDPR.
  4. The personal data concerning you have been processed unlawfully.
  5. The deletion of your personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
  6. The personal data relating to you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.

b) Information to third parties

If the person responsible has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the persons responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.

c) Exceptions

The right to deletion does not exist if the processing is necessary.

  1. the exercise of freedom of expression and information;
  2. to fulfill a legal obligation which processing is subject to under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 sub. h & i as well as Art. 9 para. 3 GDPR;
  4. for archive purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or 
  5. to assert, exercise or defend legal claims.

11.5 Right to information 

If you have exercised your right to rectify, cancel or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of such rectification, cancellation or limitation, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of such recipients by the data controller.

11.6. Right for data transfer

You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate these data to another data controller without being hindered by the controller to whom the personal data was provided, provided that 

(1) the processing is based on a consent pursuant to Art. 6 para. 1 sub. a GDPR or Art. 9 para. 2 sub. a GDPR or on a contract pursuant to Art. 6 para. 1 sub. b GDPR and

(2) the processing is carried out by automated means.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this. The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

11.7 Right of objection

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of Art. 6 para. 1 sub. e or f GDPR; this also applies to profiling based on these provisions. The person responsible will no longer process the personal data concerning you unless he can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is connected with such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes. 

You have the possibility to exercise your right of objection through automated procedures using technical specifications in connection with the use of Information Society services, notwithstanding Directive 2002/58/EC.

11.8 Right to revoke the declaration of consent under GDPR

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.

12 Privacy policy for the use of BuchhaltungsButler

We use the service of the cloud-based accounting software BuchhaltungsButler GmbH, Rheinsberger Str. 76/77, 10115 Berlin, Germany to handle the accounting. BuchhaltungsButler processes incoming and outgoing invoices as well as the bank movements of our company, if necessary, in order to automatically capture invoices, match them to transactions and create the financial accounting from them in a semi-automated process. Further information on BuchhaltungsButler GmbH, the automated processing of data and data protection regulations can be found at https://www.buchhaltungsbutler.de/.

 

as of August 14, 2019