Spiel direkt eG
Email: info [at] spiel-direkt-eg [dot] de
Management Board: Henning Poehl & Uwe Bursik
Supervisory Board: Alexander Guerov, Andreas Schleicher, Daniel Theuerkaufer, Friedemann Friese & Laura Grundmann
Managing Director: Henning Poehl
Data Protection Officer: Katja Arens
Contact Data Protection Officer: privacy [at] spiel-direkt-eg [dot] de
Types of processed data:
– Inventory data (e.g. names, addresses).
– Contact details (e.g. email, telephone numbers).
– Content data (e.g. text input, photographs, videos).
– Usage data (e.g. visited websites, interest in the content, access times).
– Meta/communication data (e.g. device information, IP addresses).
Purpose of processing
– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Safety measures.
– Range measurement/marketing
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered to be identifiable if they can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more special features that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
“Processing” means any process performed with or without the aid of automated procedures, or any such process associated with personal data. The term has a large scope and includes virtually all handling of data.
“Responsible party” means the natural or legal person, public authority, establishment or other body that decides, alone or in concert with others, on the purposes and means of processing personal data.
Relevant legal bases
Collaboration with processors and third parties
If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit the 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, such as payment service providers, is required pursuant to Art. 6(1) lit. b of the GDPR to fulfil the contract), if you have consented to this, if a legal obligation specifies this or based on our legitimate interests (e.g. the use of agents, webhosts, etc.).
If we commission third parties to process data on the basis of a so-called “contract processing contract”, this is done on the basis of Art. 28 of the 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 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 ff. of the GDPR. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognized establishment 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 ask for confirmation as to whether 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 of the GDPR.
In accordance with Art. 16 of the GDPR, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 of the GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 of the GDPR.
You have the right to request receipt of data relating to you, which you have provided to us in accordance with Art. 20 of the GDPR and request their transmission to other responsible parties.
In addition, you have the right under Art. 77 of the GDPR to file a complaint with the competent supervisory authority.
Right to withdrawal
You have the right to revoke consent in accordance with. Art. 7(3) of the GDPR with effect for the future
Right to object
You can object to the future processing of your data in accordance with Art. 21 of the GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.
Cookies and the right to object in the case of direct advertising
“Cookies” are small files that are stored on users’ computers. Different 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 his visit to an online offering. Temporary cookies, otherwise known as “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offering and closes his browser. Such a cookie may store e.g. the content of a shopping cart in an online shop or a login status. The term “permanent” or “persistent” refers to cookies that remain stored even after the browser has been closed. For example, the login status can be saved if users visit it after several days. Likewise, such a cookie can store the interests of the users, which are used for range measurement or marketing purposes. “Third-party cookie” refers to cookies that are offered by providers other than the person who manages the online offering (otherwise, if it is only their cookies, these are called “first-party cookies”).
If users do not want cookies to be stored on their computer, they are requested to disable the option in their browser’s system settings. 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.
Deletion of data
According to legal provisions in Germany, data is stored in particular for 10 years according to §§ 147 Abs. 1 AO, 257(1) No. 1 and 4, (4) of the German Commercial Code (HGB) (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 (1) No. 2 and 3, (4) HGB (commercial letters).
According to legal regulations in Austria, data is stored in particular for 7 years according to § 132(1) of the Federal Fiscal Code (BAO) (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
In addition, we process
– contract data (e.g. contractual object, term, 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.
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage and database services, security services, and technical maintenance services we use to operate this online offering.
Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offering on the basis of our legitimate interests in an efficient and secure provision of this online offering according to Art. 6(1) lit. f of the GDPR in conjunction with Art. 28 of the GDPR (conclusion of a contract processing contract).
Collection of access data and log files
We, or our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests as defined in Art. 6(1) lit. f. of the GDPR. The access data include 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.
Log file information is stored for security reasons (e.g. to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from deletion until final clarification of the incident.
Provision of our statutory and business services
We process the data of our members, supporters, prospects, customers or other persons in accordance with Art. 6(1) lit. b. of the GDPR, if we offer contractual services to them or act in the context of an existing business relationship, e.g. with members, or are ourselves recipients of services and benefits. In other cases, we process the data of affected persons in accordance with. Art. 6(1) lit. f. of the GDPR on the basis of our legitimate interests, e.g. if it concerns administrative tasks or public relations.
The data processed and the nature, scope, purpose and necessity of their processing are determined by the underlying contractual relationship. In principle, this includes inventory and master data of the persons (e.g. name, address, etc.), as well as the contact data (e.g. email address, telephone, etc.), the contract data (e.g. services used, communicated contents and information, names of contact persons) and if we offer paid services or products, payment data (e.g. bank details, payment history, etc.).
We delete data that is no longer required to serve our statutory and business purposes. This is determined according to the respective tasks and contractual relationships. In the case of business processing, we retain the data for as long as they may be relevant to the transaction, as well as with regard to any warranty or liability obligations. The necessity of keeping the data is checked every three years; otherwise the statutory storage obligations apply.
Order processing in the online shop and customer account
We process the data of our customers as part of the ordering process in our online shop to allow them to select and order the selected 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 persons affected by the processing include our customers, prospects and other business partners. Processing is for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer service. Here we use session cookies to store the shopping cart contents and permanent cookies to store the login status.
Processing is based on Art. 6(1) lit. b (Execution of order transactions) and c (Legally required archiving) of the GDPR. The information marked as required for the establishment and fulfilment of the contract is required. We disclose the data to third parties only in the context of delivery, payment or within the framework of legal permissions and obligations to legal advisors and authorities. The data will be processed in third countries only if this is necessary for the fulfilment of the contract (e.g. on customer request at delivery or payment).
Users can optionally create a user account, which in particular allows them to view their orders. As part of the registration, the necessary mandatory information will be communicated to the users. The user accounts are not public and can not be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, unless their retention is necessary for commercial or tax law reasons according to Art. 6(1) lit. c of the GDPR. Information in the customer account remains until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of users to secure their data upon termination before the end of the contract.
As part of the registration and re-registration and 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 user’s protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the pursuit of our claims or there is a legal obligation in accordance with. Art. 6(1) lit. c of the GDPR.
The deletion takes place after expiry of legal warranty and comparable obligations, the necessity of storing the data is checked every three years. In the case of legal archiving obligations, the deletion takes place after its expiration (end of commercial law (6 years) and tax law (10 years) retention obligation).
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, financial accounting and compliance with legal obligations, such as archiving. We process the same data here that we process in the course of providing our contractual services. The processing principles are Art. 6(1) lit. c. of the GDPR, and Art. 6(1) lit. f. of the GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing are in administration, financial accounting, office organization, data archiving; that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual services and contractual communication corresponds to the information provided in these processing activities.
In doing so, we disclose or transmit data to the financial administration, consultants such as tax accountants or auditors, as well as other fee agents and payment service providers.
Furthermore, we store information on suppliers, promoters and other business partners on the basis of our business interests, e.g. for the purpose of making contact at a later time. We generally store these mainly company-related data permanently.
Business analysis and market research
In order to operate our business economically, to be able to recognize market trends, customer and user requirements, we analyse the data we have on business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data and metadata on the basis of Art. 6(1) lit. f. of the GDPR, whereby the data subjects include customers, prospects, business partners, visitors and users of the online offering.
The analyses are carried out for the purpose of business analysis, marketing and market research. In doing so, we can take into account the profiles of the registered users with information e.g. on their purchasing. The analyses help us to increase user-friendliness, the optimization of our offering and business efficiency. The analyses are for us alone and will not be disclosed externally unless they are anonymous analyses with aggregated values.
If these analyses or profiles are personal, they will be deleted or anonymised upon termination of the users, or in other cases after two years from the conclusion of the contract. In other cases, the overall business analyses and general trend determinations are created anonymously if possible.
The name and address are required for the membership list of the cooperative (Art. 6(1) c of the GDPR in conjunction with § 30 (2), sentence 1 No. 1 GenG).
The tax identification number and the date of birth are required in order to be able to pay the withholding tax in the case of a profit distribution (Art. 6(1) c of the GDPR in conjunction with § 45d(1) EStG) and to be able to carry out the legally required queries on the church tax feature (Art 6(1) c of the GDPR in conjunction with § 51a (2) c, (2) e EStG).
You will be invited to meetings by the cooperative via the address or, if applicable, the email address (Article 6(1) c of the GDPR in conjunction with § 46 (1) sentence 1 GenG in conjunction with § 6 No. 4 GenG). In addition, you will be informed about offers of the cooperative within the scope of the membership (Art 6 para. 1b of the GDPR in conjunction with § 1 para. 1 GenG in conjunction with the statutes). The bank account details are required to make payments on the share of business by direct debit (Article 6 (1b) of the GDPR in conjunction with the declaration of accession) and to pay out profits and credit balances (Art. 6(1) (f) in conjunction with the statutes) – the cooperative has a legitimate interest in an uncomplicated and legally compliant fulfilment of its liabilities.
Users can optionally create a user account. As part of the registration, the required mandatory information will be communicated to the users. The data entered during registration will be used for the purpose of using the offer. Users may be informed by email about information relating to the offer or registration, such as changes in the scope of the offer or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, unless their retention is necessary for commercial or tax law reasons according to Art. 6(1) lit. c of the GDPR. It is the responsibility of users to secure their data upon termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
In the context of the use of our registration and registration functions as well as the use of user accounts, the IP address and the time of the respective user action will be stored. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the pursuit of our claims or there is a legal obligation in accordance with Art. 6(1) lit. c of the GDPR. The IP addresses will be anonymised or deleted after 7 days at the latest.
When contacting us (e.g. via contact form, email, telephone or via social media), the information provided by the user to process the contact request and its processing is processed in accordance with Art. 6(1) lit. b of the GDPR. User information can be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization.
We delete the requests if they are no longer required. We check the necessity every two years; the legal archiving obligations also apply.
Comments and contributions
If users leave comments or other contributions, their IP addresses may be stored for 7 days based on our legitimate interests as defined in Art. 6(1) lit. f. of the GDPR. This is for our own security in the event that someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or contribution and are therefore interested in the identity of the author.
Furthermore, we reserve the right, in accordance with our legitimate interests according to Art. 6(1) lit. f. of the GDPR, to process the information of users for the purpose of spam detection.
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right to object.
Content of the newsletter: We send newsletters, emails and other electronic notifications with advertising information (hereinafter “newsletters”) only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. Apart from this, our newsletter contains information about our services and us.
Credentials: Newsletter are sent by Spiel direkt eG in accordance with § 7 (3) UWG only to existing customers, after an effective contract has been concluded with these.
For the reception of the newsletter, the email sent for the conclusion of the contract will be used.
Germany: The sending of the newsletter and the related performance measurement is based on the consent of the recipient in accordance with Art. 6(1) lit. a, Art. 7 of the GDPR in conjunction with § 7(2) No. 3 UWG or on the basis of the statutory permission pursuant to Art. § 7 (3) UWG.
The logging of the registration process is based on our legitimate interests in accordance with. Art. 6(1) lit. f of the GDPR. Our interest is focused on the use of a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users and also allows us to provide evidence of consent.
Termination/revocation – You can cancel the receipt of our newsletter at any time. A link to cancel the newsletter can be found at the end of each newsletter. Your email will then be removed from the mailing list immediately.
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=Active).
Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on the activities within this online offering and to provide us with further services related to the use of this online offering and internet usage. Pseudonymous usage profiles of the users can thereby be created from the processed data.
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.
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 by Google of the data generated by the cookie and related to their use of the online offering as well as the processing of such data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
Users’ personal data will be deleted or anonymised after 14 months.
Online presence on social media
We maintain 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 the respective networks and platforms are launched, the terms and conditions and the data processing guidelines apply to their respective operators.
Integration of third party services and content
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6(1) lit. f of the GDPR), we make use of content or services offered by third-party providers within our online offering in order to integrate their content and services, such as videos or fonts (collectively referred to as “content”).
This always presupposes that the third-party providers of this content detect the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavour to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties 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 website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offering.
If you have questions about data protection or if you want us to delete your data, you can contact our data protection officer Katja Arens in addition to the usual contact options: privacy [at] spiel-direkt-eg [dot] de.