Data protection

Privacy Statement

Part 1

We take data protection seriously and hereby inform you of how we process your data and which claims and rights are available to you under data protection regulations.

Information on data protection regarding our data processing in accordance with Article 13, 14 and 21 of the General Data Protection Regulation (GDPR)


1. Name and contact details of the Data Controller

Marley Deutschland GmbH
Adolf-Oesterheld-Straße 28
31515 Wunstorf
Phone: 05031 53-0
Fax: 05031 53-271
Email: info@marley.de

Managing Directors: Peter Heine, Frank Thielen

 

2. Contact details of the data protection officer

Address same as under 1.
Email: datenschutz@marley.de

 

3. Purpose of processing and legal bases

a. Conclusion of a contract

For the purposes of initiating, forming and processing of contractual relationships and supply relationships, including delivery, payment, as well as any warranty or product liability, we process personal data such as name, address, telephone number, email addresses, contact details of contact persons, customer numbers, as well as order and delivery data of our suppliers, customers, other business partners and interested persons based on point (b) of Article 6 (1) GDPR.

If you do not provide your personal data (e.g. delivery address), this may result in that the conclusion of a contract is not be possible.


b. Protected customer area

We provide certain information and services for our business partners in a protected customer area. For the initial registration of a Dealer-Login we need the following data: user name, password, firm, street, ZIP code, city, country and email address.

The reason for the collection of this information is to verify the lawfulness to use the protected area for our business partners. After successful initial registration, a user may login with user name and password. Data processing for the purpose of a registration is based on “Performance of a Contract”, Article 6 (1) (b) GDPR.


c. Contact form

If you want to use our generally available contact form, your name (alternatively your user name) and the email address are marked as required fields for a personal communication with you. Data processing for the purpose of establishing a contact with us is based on your freely given consent in accordance with Article 6 (1) (a) GDPR. Any additional data provided by you, such as e.g. your address, is voluntary.


d. Newsletter (Service Provider)

We also provide a Newsletter, in which you will be informed on current events, tips and offerings. If you wish to subscribe to the Newsletter, you must provide your consent to the receipt of the Newsletter and to the described procedures.

The Newsletter is distributed by the service provider kajomi GmbH, 82152 Martinsried (processing by a processor pursuant to Article 28 GDPR). You may obtain information on the data protection provisions of the service provider at https://www.kajomi.de/datenschutz/

Withdrawal and Termination: You may withdraw your consent to the receipt of the Newsletter at any time and consequently terminate the subscription. After you terminated your subscription, your personal data will be erased or your personal data will be unavailable to other users, unless such erasure or unavailability is not permitted due to a contractual or statutory obligation.


e. Product / service improvement / promotional contacting (data collection)

We process these data to promote and maintain our customer and business relationships, for marketing purposes and to perform advertising for our own products and services. Processing in this respect is based on Article 6 (1) (f) GDPR. Our legitimate interest in the processing of your data results in this regard from our efforts to promote and sell our own products and services.


f. Comment function

If you leave an article or comment on this website, your IP address will be stored for a period of 7 days. This processing is based on our legitimate interest as defined in Article 6 (1) (f) GDPR and is intended to support our security as website operators: Should your comment violate applicable law, we could be held responsible for such violation and for this reason we do have an interest in the identity of the author of the comment or article.


g. Credit rating information / statutory requirements

When you purchase goods using our Online-Shop, we will process your data, which we receive in compliance with statutory requirements from credit bureaus (e.g. from EOS-KSI) for the purposes of credit or sanction list checks. Processing of your data in this regard is based on Article 6 (1) (f) GDPR. The objective of our legitimate interest in the processing of this data is to receive the contractually owed consideration (for example payment of the invoice) for our services.


h. Data collection by third parties

In so far as we receive addresses from external service providers for the initiation of new business relationships, we will, in addition to this information on data processing according to Article 14 (2) (f) GDPR, also indicate the source from which these data originate when making first contact.

 

4. Recipients or categories of recipients

Passing of personal data to third parties is performed by way of data transfers

  • within the scope of statutory requirements (Article 6 (1) (c))
  • to enterprises, which we engage for the performance of contractual relationships and supply relationships (Article 6 (1) (b))
  • based on legitimate interests Article 6 (1) (f) for the economical and effective operation of our company
  • if on our website contents or services of third parties are used, whose registered offices are in a third country (outside of the EU/EEA), it must be expected that your data is also transmitted into the respective country. Data is transmitted, if an appropriate data protection level is implemented or if such data transmission is permitted by law
  • to specialized service providers, which based on our instructions and our responsibility provide services for us within the scope of the aforementioned purposes (processing by a processor), e.g. IT service providers (Article 28 GDPR). This also includes the application portals softgarden https://www.softgarden.de/unternehmen/datenschutz-webseite/ and AUBI-plus https://www.aubi-plus.de/datenschutz/

Passing of any other data to third parties is only performed after you provided your express consent.


5. Duration of storage

We do not store your data any longer than we need your data for the respective processing purposes. If your data is no longer required for the performance of contractual or statutory obligations, your data is routinely deleted, unless keeping of your data is still required for a limited period. Reasons for this may be e.g. the following:

  • fulfilment of retention obligations under commercial or tax law
  • preservation of evidence for legal disputes within the scope of the statutory statute of limitations

We may also continue to store your data, if you provide your express consent for such storage.

 

6. Rights of data subjects

You have the right: 

  • According to Article 15 GDPR to request information on your stored personal data, the recipients of your data, the planned period for which your personal data will be stored
  • To rectification, erasure, restriction of processing or objection
  • To the delivery of your data in a structured, commonly used and machine-readable format
  • To the withdrawal of your consent with future effect to the data processing, which was based on this consent
  • According to Article 16 GDPR to request prompt rectification or completion of your personal data, if your personal data stored with us is inaccurate or incomplete;
  • According to Article 17 GDPR to request erasure of your personal data stored with us, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims.
  • According to Article 18 GDPR to request restriction of processing of your personal data, if you contest the accuracy of your personal data, the processing is unlawful and you oppose the erasure of your personal data and we no longer need your personal data, but you need this data for the establishment, exercise or defence of legal claims or you objected to processing pursuant to Article 21 GDPR
  • According to Art. 20 GDPR to receive your personal data you provided to us, in a structured, commonly used and machine-readable format or to demand the transmission of this data to another controller.

If you have the suspicion that data protection rights were or are violated with your data, according to Article 77 GDPR you have the right to lodge a complaint with a supervisory authority. The competent data protection supervisory authority for Marley Deutschland GmbH can be contacted at the following address:

Die Landesbeauftragte für den Datenschutz Niedersachsen
Prinzenstraße 5
30159 Hannover

 

7. Right to object

In so far your personal data is processed based on legitimate interests pursuant to Article 6 (1) Sentence 1(f) GDPR (e.g. for market research or direct marketing purposes), you have the right according to Article 21 GDPR to object to the processing of your personal data; however only to the extent as grounds relating to your particular situation exist that object to this data processing.

 

8. Automated decision-making (Profiling) is not applied. 

 

Part 2

1. Cookies

We use cookies for a better user guidance. Use of web pages is simplified for the user through the use of cookies. Without the use of cookies certain pages cannot be accessed or not properly be accessed. These reasons also represent the legitimate interest for this data processing pursuant to Article 6 (1) (f) GDPR (use of cookies for analysis purposes is described under another Item). Commonly used browsers offer setting options, which do not permit cookies. You can configure your browser to notify you when cookies are placed and to only permit cookies in exceptions, to exclude the acceptance of cookies or to automatically delete the cookies when you close your browser. There is no guarantee that you can access all functions on this website without any restrictions, if you apply such browser settings.

 

2. Analysis programs

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the Cookies about your use of this website is generally transferred to and stored at a server of Google in the U.S. In the event that IP anonymisation is activated on this website, your IP address will be previously abbreviated within the member states of the European Union or other members of the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and abbreviated there. Google will use this information on behalf of the website operator to evaluate your use of the website, to prepare reports about the activities on the website and to deliver additional services related to the use of the website and the Internet to the website operator. Google will not associate your IP address with any other data held by Google. You can set your web browser to prevent the storage of Cookies; however, please note that you may not be able use all functions of this website to their full extent. Additionally you can prevent the acquisition of data which is received through generation of Cookies regarding your use of the website (including your IP-address) by Google as well as the processing of this data through Google, by downloading and installing the following browser plug-in.

For additional information on the use of your data by Google please visit: http://www.google.com/analytics/terms/de.html http://www.google.com/intl/de/analytics/privacyoverview.html

Google Analytics cookies are stored based on Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in the analysis of user behaviour to optimize both, its advertising offerings and its advertising and consequently this analysis also supports financing and customer-oriented use, adaptation and updating of the website.

IP anonymisation is activated on this website.

 

3. Facebook, Custom Audiences and Facebook Marketing Services

3.1. Based on our legitimate interests in the analysis, optimization and economic operation of our Online Offering and for these purposes, we are using within the scope of our Online Offering the so-called "Facebook-Pixel” of the social network Facebook, which is operated by Facebook Inc.,1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are residing within the EU, by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, ("Facebook").

3.2. Facebook is certified under the Privacy Shield framework. Based on this certification Facebook provides a guarantee that Facebook complies with European data protection laws. (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

3.3. With the support of Facebook-Pixel, Facebook can identify the visitors of our Online Offering as a target group for the display of ads (so-called "Facebook-Ads"). We use the Facebook-Pixel accordingly so that Facebook-Ads inserted by us are only displayed to those Facebook users, who showed interest in our Online Offering or who have specific characteristics (e.g. interest in certain topics or products that are identified based on visited websites), which we provide to Facebook (so-called “Custom Audiences"). With the support of Facebook-Pixel, we also want to ensure that our Facebook ads correspond to the potential interest of users and do not have an annoying effect. With the support of Facebook-Pixel, we can also assess the effectiveness of Facebook ads for statistical and market research purposes, because we can see, if users have been redirected after a click on a Facebook ad on our website (so-called "Conversion").

3.4. Facebook integrates the Facebook-Pixel directly when our websites are accessed and as such Facebook can store a so-called cookie, i.e. a small file, on your device. If you subsequently login to Facebook or you visit Facebook as a logged in user, your visit of our Online Offering will be recorded in your profile. Your collected personal data are anonymous to us, so that the identity of users cannot be concluded from this data. This data is, however, stored and processed by Facebook, so that a connection between the data and the respective user profile is possible and may be used by Facebook, as well as by us for our own market research and advertising purposes. If we transmit data to Facebook for reconciliation purposes, this data is locally encrypted in the Browser and only sent to Facebook after encryption via a secure https connection. The sole purpose of this data transfer is to achieve a reconciliation with the Facebook data, which is encrypted in the same manner.

3.5. Processing of data by Facebook is performed within the scope of the Facebook data usage guideline. Accordingly, general notes regarding display of Facebook Ads may be obtained from the Facebook data usage guideline at: www.facebook.com/policy.php. Specific information and details regarding Facebook Pixel and its functionality may be obtained from Facebook in its help section at: https://>www.facebook.com/business/help/651294705016616.

3.6. You may object to the collection of your data by Facebook-Pixel and its use for the display of Facebook Ads. You may set, which types of ads are displayed within Facebook. Please access the respective page provided by Facebook and follow the instructions to apply the settings for user-based advertising: www.facebook.com/settings. Settings are platform independent, i.e. they apply to all devices, such as desktop computers or mobile devices.

If you wish to prevent data collection by Facebook Pixel on our web pages, please click the following link: Facebook-Opt-Out Note: If you click on the link, an "Opt-Out” cookie will be stored on your device. If you erase cookies in this Browser, you must click the link again. In addition, the Opt-Out only applies to the Browser you are using and only within our web domain, where the link was clicked on.

3.7. You may object to the use of cookies used for media coverage measurement and advertising purposes and in addition via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and also the American web page in the USA (http://www.aboutads.info/choices) or the European web page (http://www.youronlinechoices.com/uk/your-ad-choices/).

Based on our legitimate interest in the analysis, optimization and operation of our online offerings (as defined in Article 6 (1) (f) GDPR), this website uses the Facebook Social Plugin, which is operated by Facebook Inc. (1 Hacker Way, Menlo Park, California 94025, USA). The integrations are identifiable at the Facebook Logo or the specific terms such as “Like”, “Gefällt mir”, “Share” in the Facebook colours (blue and white). Information on all Facebook plugins can be found using the following link: https://developers.facebook.com/docs/plugins/

Facebook Inc. complies with European data protection laws and is certified under the Privacy Shield framework: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active

The plugin establishes a direct connection between your browser and the Facebook servers. The website operator does not have any influence on the nature and scope of data, which the plugin transfers to the servers of Facebook Inc. For more information visit: https://www.facebook.com/help/186325668085084

The plugin informs Facebook Inc. that you visited this website as a user. It is possible that your IP address is stored within this procedure. If you are logged into your Facebook account during your visit on this website, the aforementioned information will be linked to your Facebook account.

If you use the plugin functions - e.g. by sharing an article or by clicking “like” - the respective information will also be transferred to Facebook Inc.

If you want to prevent that Facebook Inc. links these data with your Facebook account, please log off from Facebook prior to visiting this website and delete the stored cookies. With your Facebook profile, you may apply additional settings regarding data processing for advertising purposes or object to the use of your data for advertising purposes. You can access the setting options here:

Which data, for which purpose and to which extent Facebook collects, uses and processes data and which rights, as well as setting options, for the protection of your privacy you have, you can read in the data protection guidelines of Facebook. You can find them here: https://www.facebook.com/about/privacy/

 

4. MyFonts Counter

Our website supplies webfonts for a better presentation of content. The MyFonts Counter is used to monitor the Webfont license. The Counter is a web analysis service of MyFonts Inc., 500 Unicorn Park Drive, Woburn, MA 01801, USA. A Page-View-Tracking is performed, which counts the number of visits on a web page for statistical purposes and transmits the results to MyFonts. Within this procedure MyFonts only collects anonymised data. Data is passed on, if Java script code in your browser is activated. If you wish to generally prevent the execution of Java script code by MyFonts, you may install a Java script blocker (e.g. www.noscript.net). You may access additional information on the MyFonts Counter in the MyFonts data protection notices at https://www.monotype.com/de/rechtshinweise/datenschutzrichtlinie/datenschutzrichtlinie-zum-tracking-von-webschriften/

 

5. SSL Encryption

This website uses SSL encryption for security reasons and to protect the transmission of confidential content such as enquiries you send to us as the site operators. You can recognise an encrypted connection in your browser’s address line when it changes from http:// to https:// and the lock icon is displayed in your browser’s address bar. If SSL encryption is activated, third parties cannot read the data you transmit to us.

Part 3

Up-to-Dateness and Changes to this Privacy Statement

Further development of our website or due to changed statutory or official requirements it may become necessary to change this privacy statement. You may access the current version at http://www.marley.de/de/metamenue/datenschutz/index.htm.

Version: 17 January 2020


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