Privacy Policy
Privacy policy according to the GDPR
The person responsible within the meaning of the basic data protection regulation and other national data protection laws of the member states as well as other data protection regulations is the:
EFyL GmbH
Panoramaweg 41
61194 Niddatal
Deutschland
Tel.: +49 (0) 163 6970460
E-Mail: info@smartefyl.com
Website: www.smartefyl.com
Name and address of the data protection officer
Dr. Thierry Teuma
Panoramaweg 41
61194 Niddatal
Deutschland
Tel.: +49 (0) 163 6970460
E-Mail: info@smartefyl.com
General information about data processing
- Extent of processing of personal data
In principle, we process personal data of our users only insofar as this is necessary to provide a functioning website and 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 to cases in which prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.
- Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as legal basis.
In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR as legal basis. This also applies to processing operations required to carry out pre-contractual actions.
Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, Art. 6 para. 1 lit. c GDPR as legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as legal basis.
If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f GDPR as legal basis for processing.
- Data erasure and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is deleted. In addition, such storage may be provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.
- Provision of the website and creation of logfiles
- Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected here:
- Information about the browser type and version used
- The operating system of the user
- The Internet service provider of the user
- The IP address of the user
- Date and time of access
- Websites from which the system of the user reaches our website
- Websites accessed by the user’s system through our website
The data is also stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the assignment of the data to a user. A storage of this data together with other personal data of the user does not take place.
- Legal basis for data processing
The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f GDPR.
- Purpose of data processing
The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user’s IP address must be kept for the duration of the session.
For these purposes, our legitimate interest in the processing of data according to Art. 6 para. 1 lit. f GDPR.
- Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.
- Objection and removal possibility
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.
- Use of cookies
- a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or the Internet browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.
If technically necessary cookies are used:
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser be identified even after a page break.
The following data is stored and transmitted in the cookies:
Below is a listing of the stored data. Examples can be:
- Language settings
- article in a shopping cart
- Log-in information
- b) Legal basis for data processing
If only a use of technically necessary cookies is made or a use of technically necessary cookies and technically unnecessary cookies without prior consent of the user:
The legal basis for the processing of personal data using cookies is Article 6 (1) lit. f GDPR.
- c) Purpose of data processing
If technically necessary cookies are used:
The purpose of using technically necessary cookies is to facilitate the use of websites for users. Some features of our website can not be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page break.
We require cookies for the following applications:
Below is a list of applications. Examples can be:
- Shopping cart
- Acceptance of language settings
- Remember keywords
The user data collected through technically necessary cookies will not be used to create user profiles.
For these purposes, our legitimate interest in the processing of personal data pursuant to Art. 6 para. 1 lit. f GDPR.
- d) Duration of storage, objection and disposal options
Cookies are stored on the computer of the user and transmitted by this on our side. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may not be possible to use all the functions of the website to the full.
- Contact form and e-mail contact
- Description and scope of data processing
On our website is a contact form available, which can be used for electronic contact. If a user realizes this option, the data entered in the input mask will be transmitted to us and saved. These data are:
- First and last name of the user
- Email address of the user
The following is a list of the data of the input mask
At the time of sending the message, the following data is also stored:
The following is a list of the corresponding data. Examples can be:
- The IP address of the user
- Date and time of registration
For the processing of the data in the context of the sending process your consent is obtained and referred to this privacy statement.
Alternatively, contact via the provided e-mail address is possible. In this case, the user’s personal data transmitted by e-mail will be stored.
In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation.
- Legal basis for data processing
Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.
The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f GDPR. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
3. Purpose of the data processing
The processing of the personal data from the input mask serves us only to process the contact. In the case of contact via e-mail, this also includes the required 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.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form 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 ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.
The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.
- Objection and removal possibility
The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation can not continue.
For the revocation is sufficient an informal message by e-mail. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.
Data submitted via the contact form will remain with us until you request us to delete it, revoke your consent to storage or you no longer need to retain your data. Mandatory statutory provisions – especially retention periods – remain unaffected.
All personal data stored in the course of contacting will be deleted in this case.
6. Legal basis for the processing of personal data
The legal basis for processing users‘ personal data is Article 6 (1) lit. f GDPR.
7. Purpose of data processing
The processing of users‘ personal data enables us to analyze the surfing behavior of our users. By analyzing the obtained data, 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. For these purposes, our legitimate interest lies in the processing of the data according to Art. 6 para. 1 lit. f GDPR. The anonymisation of the IP address sufficiently takes into account the interest of users in their protection of personal data.
Rights of the person concerned
The following list includes all rights of the persons concerned according to the GDPR. Rights that have no relevance for your own website need not be mentioned. In that regard, the listing can be shortened.
If you process personal data, you are i.S.d. GDPR and you have the following rights to the person responsible:
1. Right to information
You may ask the person in charge to confirm if personal data concerning you is processed by us.
If such processing is available, you can request information from the person responsible about the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of 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 source of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject.
You have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with. Art. 46 GDPR in connection with the transfer.
- Right to rectification
You have a right to rectification and / or completion to the controller, if the personal data you process is incorrect or incomplete. The responsible person must make the correction without delay.
3. Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;
(2) the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest Union or a Member State.
If the limitation of the processing after the o.g. If conditions are restricted, you will be informed by the person in charge before the restriction is lifted.
- Right to deletion
- deletion obligations
You may require the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is true:
(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, to which the processing acc. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. GDPR and there is no other legal basis for processing.
(3) According to. Art. 21 para. 1 GDPR objection to the processing and there are no prior justifiable reasons for the processing, or you lay gem. Art. 21 para. 2 GDPR Opposition to processing.
(4) Your personal data have been processed unlawfully.
(5) The deletion of personal data concerning you shall be required 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 concerning you were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.b. Information to third parties
If the person in charge has made the personal data concerning you public and is acc. Article 17 (1) of the GDPR, it shall take appropriate measures, including technical means, to inform data controllers who process the personal data that you have been identified as being affected, taking into account available technology and implementation costs Persons requesting deletion of all links to such personal data or of copies or replications of such personal data.c. exceptions
The right to erasure does not exist if the processing is necessary(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation required by the law of the Union or of the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority conferring on the controller has been;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims - Right to information
If you have the right of rectification, erasure or restriction of processing to the controller, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.
You have a right to the person responsible to be informed about these recipients.
6. Right to Data Portability
You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that
(1) the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR is based and
(2) the processing is done by automated means.
In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.
- Right to object
You have the right at any time, for reasons that arise from your particular situation, against the processing of your personal data, which pursuant to Art. 6 para. 1 lit. e or f GDPR takes an objection; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.
If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.
8. Right to revoke the data protection consent declaration
You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
- Automated decision on a case-by-case basis, including profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision
(1) is required for the conclusion or performance of a contract between you and the controller,
(2) is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
(3) with your express consent.
However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to uphold the rights and freedoms and their legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and heard on challenge of the decision.
- Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of its residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the GDPR violates.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.