Privacy policy

1. data protection at a glance

General notes

The following notices provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find the contact details of the website operator in the section "Information about the responsible party" in this data protection declaration.

How do we collect your data?

On the one hand, your data is collected by you providing it to us. This can be, for example, data that you enter in a contact form.

Other data is collected automatically or after your consent when you visit the website by our IT systems. This is mainly technical data (e.g. internet browser, operating system or time of page view). The collection of this data takes place automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure error-free provision of the website. Other data may be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have a right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time with regard to this and other questions on the subject of data protection.

Third-party analytics and tools

When visiting this website, your surfing behavior can be statistically evaluated. This is done mainly with so-called analysis programs.

Detailed information about these analysis programs can be found in the following privacy policy.

2. hosting

We host the content of our website with the following provider:

Hetzner

The Provider is Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen (hereinafter referred to as Hetzner).

For details, please refer to Hetzner's privacy policy: https://www.hetzner.com/de/rechtliches/datenschutz.

The use of Hetzner is based on Art. 6 para. 1 lit. f DSGVO. We have a legitimate interest in the most reliable presentation of our website. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.

Job processing

We have concluded a contract on order processing (AVV) for the use of the above-mentioned service. This is a contract required by data protection law, which ensures that this processes the personal data of our website visitors only according to our instructions and in compliance with the GDPR.

3. general notes and mandatory information

Privacy

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data are collected. Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We point out that data transmission over the Internet (eg communication by e-mail) security gaps. A complete protection of the data against access by third parties is not possible.

Note on the responsible entity

The responsible party for data processing on this website is:

smakimo GmbH
Lilienthalstraße 146 - House 3
D-34123 Kassel

Phone: +49 (0) 561 820 374 00
E-mail: info@samkimo.de

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified within this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the data will be deleted once these reasons no longer apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 (1) a DSGVO or Art. 9 (2) a DSGVO, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1) a DSGVO. If you have consented to the storage of cookies or to the access to information in your terminal device (e.g. via device fingerprinting), the data processing is additionally carried out on the basis of Section 25 (1) TTDSG. The consent can be revoked at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b DSGVO. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6 para. 1 lit. c DSGVO. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6 para. 1 lit. f DSGVO. Information about the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Note on data transfer to third countries that are not secure under data protection law and transfer to US companies that are not DPF-certified

Among other things, we use tools from companies based in third countries that are not secure under data protection law, as well as US tools whose providers are not certified under the EU-US Data Privacy Framework (DPF). If these tools are active, your personal data may be transferred to these states and processed there. We would like to point out that in third countries that are insecure in terms of data protection law, no level of data protection comparable to that in the EU can be guaranteed.

We would like to point out that the USA, as a secure third country, generally has a level of data protection comparable to that of the EU. Accordingly, a data transfer to the USA is permitted if the recipient has a certification under the "EU-US Data Privacy Framework" (DPF) or has suitable additional guarantees. Information on transfers to third countries, including the data recipients, can be found in this Privacy Policy.

Recipients of personal data

In the course of our business activities, we cooperate with various external bodies. In some cases, this also requires the transfer of personal data to these external bodies. We only pass on personal data to external bodies if this is necessary within the framework of the performance of a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest in passing on the data in accordance with Art. 6 Para. 1 lit. f DSGVO or if another legal basis permits the passing on of the data. When using processors, we only disclose personal data of our customers on the basis of a valid contract on commissioned processing. In the case of joint processing, a joint processing agreement is concluded.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct marketing (Art. 21 DSGVO)

IF THE DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 ABS. 1 LIT. E OR F DSGVO, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS (OBJECTION UNDER ARTICLE 21 (1) DSGVO).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS CONNECTED WITH SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ARTICLE 21 (2) DSGVO).

Right of appeal to the competent supervisory authority

In the event of breaches of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged breach. The right of appeal is without prejudice to other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

Information, correction and deletion

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, a right to correction or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. For this purpose, you can contact us at any time. The right to restriction of processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.
  • If the processing of your personal data happened/is happening unlawfully, you may request the restriction of data processing instead of erasure.
  • If we no longer need your personal data, but you need it to exercise, defend or enforce legal claims, you have the right to request restriction of the processing of your personal data instead of deletion.
  • If you have lodged an objection pursuant to Art. 21 (1) DSGVO, a balancing of your and our interests must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may - apart from being stored - 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 European Union or a Member State.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Encrypted payment transactions on this website

If, after the conclusion of a contract with costs, there is an obligation to provide us with your payment data (e.g. account number in the case of direct debit authorization), this data is required for payment processing.

Payment transactions via the common means of payment (Visa/MasterCard, direct debit) are made exclusively via an encrypted SSL or TLS connection. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

With encrypted communication, your payment data that you transmit to us cannot be read by third parties.

Objection to advertising e-mails

The use of contact data published within the framework of the imprint obligation to send advertising and information materials not expressly requested is hereby prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

4. data collection on this website

Cookies

Our Internet pages use so-called "cookies". Cookies are small data packets and do not cause any damage to your end device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your end device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.

Cookies can originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies within websites (e.g. cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies can be used to evaluate user behavior or for advertising purposes.

Cookies that are necessary to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 (1) lit. f DSGVO, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, the processing is based exclusively on this consent (Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG); the consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. When deactivating cookies, the functionality of this website may be limited.

Which cookies and services are used on this website can be found in this privacy policy.

Consent with Complianz

Our website uses Complianz's Consent technology to obtain your consent to the storage of certain cookies on your terminal device or to the use of certain technologies and to document this in a privacy-compliant manner. The provider of this technology is Complianz B.V., Kalmarweg 14-5, 9723 JG Groningen, The Netherlands (hereinafter "Complianz").

Complianz is hosted on our servers, so no connection to the servers of the provider of Complianz is established. Complianz stores a cookie in your browser in order to be able to assign the consents given to you or their revocation. The data collected in this way is stored until you request us to delete it, delete the Complianz cookie yourself or until the purpose for storing the data no longer applies. Mandatory legal storage obligations remain unaffected.

Complianz is used to obtain the legally required consent for the use of cookies. The legal basis for this is Art. 6 para. 1 lit. c DSGVO.

Request by e-mail, phone or fax

If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. b DSGVO, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of requests addressed to us (Art. 6 para. 1 lit. f DSGVO) or on your consent (Art. 6 para. 1 lit. a DSGVO) if this has been requested; the consent can be revoked at any time.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular legal retention periods - remain unaffected.

5. newsletter

Newsletter data

If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and agree to receive the newsletter. Further data is not collected or only on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The processing of the data entered in the newsletter registration form is based exclusively on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

The data you provide for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe from the newsletter or after the purpose has ceased to exist. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest pursuant to Art. 6 (1) lit. f DSGVO.

Data that has been stored by us for other purposes remains unaffected by this.

After you have unsubscribed from the newsletter distribution list, your e-mail address will be stored by us or the newsletter service provider in a blacklist, if necessary, to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 (1) f DSGVO). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

6. plugins and tools

Google Fonts (local hosting)

This site uses so-called Google Fonts, which are provided by Google, for the uniform display of fonts. The Google Fonts are installed locally. A connection to Google servers does not take place.

For more information about Google Fonts, please visit https://developers.google.com/fonts/faq and see Google's privacy policy: https://policies.google.com/privacy?hl=de.

Wordfence

We have integrated Wordfence on this website. The provider is Defiant Inc, Defiant, Inc, 800 5th Ave Ste 4100, Seattle, WA 98104, USA (hereinafter "Wordfence").

Wordfence is used to protect our website from unwanted access or malicious cyberattacks. For this purpose, our website establishes a permanent connection to Wordfence's servers so that Wordfence can check its databases against the accesses made to our website and block them if necessary.

The use of Wordfence is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in protecting its website as effectively as possible against cyberattacks. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.wordfence.com/help/general-data-protection-regulation/.

Job processing

We have concluded a contract on order processing (AVV) for the use of the above-mentioned service. This is a contract required by data protection law, which ensures that this processes the personal data of our website visitors only according to our instructions and in compliance with the GDPR.

7. eCommerce and payment providers

Processing of customer and contract data

We collect, process and use personal customer and contractual data for the purpose of establishing, defining the content of and amending our contractual relationships. We collect, process and use personal data about the use of this website (usage data) only to the extent necessary to enable the user to use the service or to bill the user. The legal basis for this is Art. 6 para. 1 lit. b DSGVO.

The collected customer data will be deleted after completion of the order or termination of the business relationship and expiration of any existing legal retention periods. Legal retention periods remain unaffected.

Data transmission at the conclusion of a contract for online stores, merchants and shipment of goods

If you order goods from us, we will pass on your personal data to the transport company entrusted with the delivery and to the payment service provider entrusted with the payment processing. Only such data will be released that the respective service provider requires to fulfill its task. The legal basis for this is Art. 6 (1) lit. b DSGVO, which permits the processing of data for the fulfillment of a contract or pre-contractual measures. Provided that you have given a corresponding consent according to Art. 6 (1) lit. a DSGVO, we will hand over your e-mail address to the transport company entrusted with the delivery so that they can inform you by e-mail about the shipping status of your order; you can revoke the consent at any time.

Data transfer upon conclusion of a contract for services and digital content

We transmit personal data to third parties only if this is necessary for the processing of the contract, for example, to the credit institution entrusted with the processing of payments.

A further transmission of the data does not take place or only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.

The basis for data processing is Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfillment of a contract or pre-contractual measures.

Payment services

We integrate payment services from third-party companies on our website. When you make a purchase from us, your payment data (e.g. name, payment amount, account details, credit card number) is processed by the payment service provider for the purpose of processing the payment. For these transactions, the respective contract and data protection provisions of the respective providers apply. The use of the payment service providers is based on Art. 6 para. 1 lit. b DSGVO (contract processing) and in the interest of a smooth, convenient and secure payment process (Art. 6 para. 1 lit. f DSGVO). Insofar as your consent is requested for certain actions, Art. 6 para. 1 lit. a DSGVO is the legal basis for data processing; consents can be revoked at any time for the future.

We use the following payment services / payment service providers within the scope of this website:

PayPal

The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal").

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.paypal.com/de/webapps/mpp/ua/pocpsa-full.

For details, see PayPal's privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

Paydirekt

The provider of this payment service is Paydirekt GmbH, Hamburger Allee 26-28, 60486 Frankfurt am Main, Germany (hereinafter "Paydirekt"). When you make payment using Paydirekt, Paydirekt collects various transaction data and forwards it to the bank with which you are registered with Paydirekt. In addition to the data required for the payment, Paydirekt may collect further data such as delivery address or individual items in the shopping cart as part of the transaction processing. Paydirekt then authenticates the transaction using the authentication procedure stored with the bank for this purpose. The payment amount is then transferred from your account to ours. Neither we nor third parties have access to your account details. For details on payment with Paydirekt, please refer to the General Terms and Conditions and the Privacy Policy of Paydirekt at: https://www.paydirekt.de/agb/index.html.

Instant bank transfer

The provider of this payment service is Sofort GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "Sofort GmbH"). With the help of the "Sofortüberweisung" procedure, we receive a payment confirmation from Sofort GmbH in real time and can immediately begin to fulfill our obligations. If you have chosen the payment method "Sofortüberweisung", you transmit the PIN and a valid TAN to Sofort GmbH, with which it can log into your online banking account. After logging in, Sofort GmbH automatically checks your account balance and carries out the transfer to us using the TAN you have transmitted. It then immediately sends us a transaction confirmation. After logging in, it also automatically checks your turnover, the credit line of the overdraft facility and the existence of other accounts and their balances. In addition to the PIN and the TAN, the payment data you have entered as well as data about yourself are also transmitted to Sofort GmbH. The personal data is your first and last name, address, telephone number(s), e-mail address, IP address and, if necessary, other data required for payment processing. The transmission of this data is necessary to establish your identity beyond doubt and to prevent fraud attempts. Details on payment with Sofortüberweisung can be found in the following links: https://www.sofort.de/datenschutz.html and https://www.klarna.com/sofort/.

giropay

The provider of this payment service is paydirekt GmbH, Stephanstraße 14 - 16, 60313 Frankfurt am Main (hereinafter "giropay").

For details, please refer to giropay's privacy policy: https://www.paydirekt.de/agb/index.html.

Mastercard

The provider of this payment service is Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium (hereinafter "Mastercard").

Mastercard may transfer data to its parent company in the USA. The data transfer to the USA is based on Mastercard's Binding Corporate Rules. Details can be found here: https://www.mastercard.de/de-de/datenschutz.html and https://www.mastercard.us/content/dam/mccom/global/documents/mastercard-bcrs.pdf.

VISA

The provider of this payment service is Visa Europe Services Inc, London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom (hereinafter "VISA").

The United Kingdom is considered a secure third country under data protection law. This means that the UK has a level of data protection that corresponds to the level of data protection in the European Union.

VISA may transfer data to its parent company in the USA. The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.visa.de/nutzungsbedingungen/visa-globale-datenschutzmitteilung/mitteilung-zu-zustandigkeitsfragen-fur-den-ewr.html.

For more information, please see VISA's privacy policy: https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html.