Privacy Policy

1. An Overview of Data Protection

General Information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data with which you can be personally identified. Detailed information on data protection can be found in the privacy policy listed below.

Data Collection on This Website

Who is responsible for the data collection on this website?

The data processing on this website is carried out by the website operator. You can find the operator’s contact details in the section “Information on the Responsible Party” in this privacy policy.

How do we collect your data?

Some data is collected when you provide it to us. This could be data you enter in a contact form. Other data is collected automatically or after your consent when you visit the website. This data is primarily technical (e.g., internet browser, operating system, or time of the page visit). This data is collected automatically as soon as you enter the website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website. Other data may be used to analyze user behavior.

What rights do you have regarding your data?

You have the right to receive information about the origin, recipient, and purpose of your stored personal data at any time, free of charge. You also have the right to request the correction or deletion of your data. If you have given consent to data processing, you may 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.

For this and any other questions on the subject of data protection, you can contact us at any time.

Analysis Tools and Tools from Third-Party Providers

Your browsing behavior may be statistically evaluated when you visit this website. This is mainly done with so-called analysis programs. Detailed information on these analysis programs can be found in the following privacy policy.

2. Hosting

IONOS

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

Provider is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany (hereinafter “IONOS”). When you visit our website, IONOS collects various log files including your IP addresses. Details can be found in the IONOS privacy policy:

https://www.ionos.de/terms-gtc/terms-privacy

The use of IONOS is based on Art. 6(1)(f) GDPR. We have a legitimate interest in the most reliable presentation of our website. If appropriate consent has been requested, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25(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.

Order Processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a legally required contract that ensures that this service processes the personal data of our website visitors only according to our instructions and in compliance with the GDPR.

3. General Information and Mandatory Disclosures

Data Protection

The operators of this website 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 is 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 (e.g. communication by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

Information on the Responsible Party

The responsible party for data processing on this website is:

Smarter Habitat GmbH & Co. KG
Datty Ruth
Baierbrunner Str. 25 – 29
81379 Munich
Phone: +49 89 21 23 148 11
Email: info@smarter-habitat.de

The responsible party 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, email addresses, etc.).

Storage Period

Unless a more specific storage period has been stated within this privacy policy, your personal data will remain with us until the purpose for the data processing ceases to apply. If you make 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., tax or commercial law retention periods); in the latter case, deletion will take place after these reasons cease to apply.

General Information on the Legal Basis for Data Processing

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR if special categories of data pursuant to Art. 9(1) GDPR are processed. In the event of explicit consent to the transfer of personal data to third countries, data processing is also based on Art. 49(1)(a) GDPR. If you have consented to the storage of cookies or to access information in your end device (e.g., via device fingerprinting), the data processing is also based on § 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(1)(b) GDPR. Furthermore, we process your data if it is necessary to fulfill a legal obligation on the basis of Art. 6(1)(c) GDPR. The data processing may also be based on our legitimate interest pursuant to Art. 6(1)(f) GDPR. The relevant legal bases in each individual case are explained in the following sections of this privacy policy.

Recipients of Personal Data

In the course of our business activities, we work together with various external parties. In some cases, this also involves the transfer of personal data to these external parties. We only pass on personal data to external parties if this is necessary for the fulfillment of a contract, if we are legally obliged to do so (e.g., transfer of data to tax authorities), if we have a legitimate interest pursuant to Art. 6(1)(f) GDPR in the disclosure, or if another legal basis permits the data disclosure. When using processors, we only pass on personal data of our customers on the basis of a valid processing agreement. 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 a previously given consent 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 Advertising (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6(1)(E) OR (F) GDPR, 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 FOR PROCESSING CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS OR THE PROCESSING SERVES THE ASSERTION, EXERCISE OR DEFENSE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS ASSOCIATED WITH SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT MARKETING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to Lodge a Complaint with the Competent Supervisory Authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work, or the place of the alleged infringement. The right to lodge a complaint exists 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 commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done to the extent that it is technically feasible.

Right to Access, Rectification and Erasure

Within the scope of the applicable legal provisions, you have the right to access your stored personal data, its origin and recipients, and the purpose of the data processing at any time free of charge. You also have a right to rectification or erasure 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. You can contact us at any time for this purpose. The right to restriction of processing applies in the following cases:

If you contest the accuracy of your personal data stored by us, we usually need time to verify this. During the verification period, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data was/is unlawful, you can 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 assert legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
If you have objected pursuant to Art. 21(1) GDPR, a balance must be struck between your interests and ours. As long as it is not yet clear 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, such data may – apart from being stored – only be processed with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of 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 inquiries 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 icon in your browser line.

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

4. Data Collection on This Website

Cookies

Our websites use so-called “cookies.” Cookies are small data packets and do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted after your visit ends. Permanent cookies remain stored on your device until you delete them or your web browser deletes them automatically.

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 from 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., shopping cart function or displaying videos). Other cookies are used to analyze user behavior or for advertising purposes.

Cookies necessary for the execution of the electronic communication process, for providing certain functions you want (e.g., for the shopping cart function), or for optimizing the website (e.g., cookies for measuring the web audience) are stored based on Art. 6(1)(f) GDPR unless another legal basis is specified. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of its services. If consent for the storage of cookies and comparable recognition technologies has been requested, processing is based solely on this consent (Art. 6(1)(a) GDPR and § 25(1) TTDSG); consent can be revoked at any time.

You can set your browser to inform you about the setting of cookies, allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general, and enable the automatic deletion of cookies when closing the browser. Disabling cookies may limit the functionality of this website.

You can find out which cookies and services are used on this website in this privacy policy.

Real Cookie Banner

We use the “Real Cookie Banner” consent tool to manage the cookies and similar technologies (tracking pixels, web beacons, etc.) used and the related consents. Details about the functionality of “Real Cookie Banner” can be found at https://devowl.io/de/rcb/datenverarbeitung/.

The legal basis for the processing of personal data in this context is Art. 6(1)(c) GDPR and Art. 6(1)(f) GDPR. Our legitimate interest is the management of cookies and similar technologies and the related consents.

The provision of personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we cannot manage your consents.

Contact Form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provide, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not share this data without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the performance of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries sent to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) if this was requested; consent can be revoked at any time.

The data you enter in the contact form remains with us until you request deletion, revoke your consent to storage, or the purpose for data storage no longer applies (e.g., after your inquiry has been processed). Mandatory statutory provisions – in particular retention periods – remain unaffected.

Inquiry by Email, Phone or Fax

If you contact us by email, phone, or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of handling your request. We do not share this data without your consent.

The processing of this data is based on Art. 6(1)(b) GDPR if your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests directed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) if this was requested; the consent can be revoked at any time.

The data you send to us via contact inquiries remains with us until you request deletion, revoke your consent to storage, or the purpose for data storage no longer applies (e.g., after processing your request is completed). Mandatory legal provisions – especially legal retention periods – remain unaffected.

5. Newsletter

Newsletter Data

If you would like to receive the newsletter offered on the website, we require an email address from you and information that allows us to verify that you are the owner of the provided email address and that you agree to receive the newsletter. No further data is collected or only on a voluntary basis. We use this data exclusively to send 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 solely on your consent (Art. 6(1)(a) GDPR). You can revoke your consent to the storage of the data, the email 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 have provided to us for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and deleted from the newsletter distribution list after unsubscribing or after the purpose has ceased. We reserve the right to delete or block email addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with Art. 6(1)(f) GDPR.

Data stored by us for other purposes remains unaffected.

After you unsubscribe from the newsletter distribution list, your email address may be stored in a blacklist by us or the newsletter service provider 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 in the sense of Art. 6(1)(f) GDPR). The storage in the blacklist is not limited in time. You may object to the storage if your interests outweigh our legitimate interest.

6. Plugins and Tools

YouTube with Enhanced Privacy

This website embeds videos from YouTube. The operator of the service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

When you visit a page on this website that contains a YouTube embed, a connection to the YouTube servers is established. The YouTube server is informed about which of our pages you have visited. If you are logged into your YouTube account, you allow YouTube to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.

We use YouTube in extended privacy mode. According to YouTube, videos played in extended privacy mode are not used to personalize browsing on YouTube. Ads displayed in extended privacy mode are also not personalized. No cookies are set in extended privacy mode. However, local storage elements may still be stored in the user’s browser, which can contain personal data and be used for recognition. Details on extended privacy mode can be found here: https://support.google.com/youtube/answer/171780.

After activating a YouTube video, further data processing operations may be triggered over which we have no control.

The use of YouTube is in the interest of an appealing presentation of our online offers. This constitutes a legitimate interest pursuant to Art. 6(1)(f) GDPR. If consent has been requested, processing is based exclusively on Art. 6(1)(a) GDPR and § 25(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). Consent can be revoked at any time.

More information on YouTube’s data protection can be found in their privacy policy: https://policies.google.com/privacy?hl=en.

The company is certified under the EU-U.S. Data Privacy Framework (DPF). The DPF is an agreement between the European Union and the USA designed to ensure compliance with European data protection standards in U.S. data processing. Certified companies commit to these standards. Further information: Data Privacy Framework Listing

Google Fonts (Local Hosting)

This site uses Google Fonts for the uniform display of fonts. The Google Fonts are installed locally. There is no connection to Google servers.

More information about Google Fonts: https://developers.google.com/fonts/faq
Google’s privacy policy: https://policies.google.com/privacy?hl=en

Google Maps

This site uses the Google Maps map service. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

To use the functions of Google Maps, your IP address must be saved. This information is generally transferred to a Google server in the USA and stored there. We have no influence on this data transfer. When Google Maps is activated, Google may use Google Fonts for uniform font display. When calling Google Maps, your browser loads the required web fonts into its browser cache to display texts and fonts correctly.

The use of Google Maps is in the interest of an attractive presentation of our online offerings and to make the locations specified by us on the website easy to find. This constitutes a legitimate interest pursuant to Art. 6(1)(f) GDPR. If consent has been requested, the processing is based exclusively on Art. 6(1)(a) GDPR and § 25(1) TTDSG. The consent can be revoked at any time.

The data transfer to the USA is based on the EU Commission’s Standard Contractual Clauses (SCC). Details: https://privacy.google.com/businesses/gdprcontrollerterms/
https://privacy.google.com/businesses/gdprcontrollerterms/sccs/

More information about handling user data can be found in Google’s privacy policy: https://policies.google.com/privacy?hl=en

Google is certified under the EU-U.S. Data Privacy Framework (DPF). Further info: https://www.dataprivacyframework.gov

Source: https://www.e-recht24.de