Thank you for visiting our website. We take the protection of your personal data seriously and want you to feel safe and comfortable when visiting our website.

In the case of mere informational use of the website, we only collect the personal data that your browser transmits to our server and that is technically necessary for the presentation of our website and the guarantee of stability and security.

If you have consented accordingly or if we are legally authorised to do so, we collect personal data from you as a user of the website in order to provide you with content on the website on the one hand and to offer you further services on the other hand, such as contacting you via a contact form, the information provided as part of the retailer login, etc.

1. Controller

ECE Marketplaces GmbH & Co. KG

Heegbarg 30

22391 Hamburg

Germany

E-Mail: datenschutz@ece.com

Contact details of the data protection officer:

To the Data Protection Officer of the ECE Group

Heegbarg 30
22391 Hamburg

Or by mail to datenschutz@ece.com

2. Legal basis for data processing on our website

a) Based on your consent (Art. 6 para. 1 a DSGVO)

Insofar as you have given us consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent. Consent given can be revoked at any time. The revocation of consent does not affect the lawfulness of the data processed until the revocation.

b) For the fulfilment of contractual obligations (Art. 6 para. 1 b DSGVO)  

In some cases, your data is also processed to fulfil a contract concluded with you at your request or to fulfil a pre-contractual measure, e.g. within the scope of a service obligation towards you. Further details on the relevant data processing purposes can be found in the relevant contractual documents and conditions of participation.

c) Within the framework of the balancing of interests (Art. 6 para. 1 f DSGVO) 

Where necessary, we process your data to protect our legitimate interests or the legitimate interests of third parties. These are, for example:

• Assertion of legal claims and defence in legal disputes
• Ensuring stability and security in connection with the provision of the website  

3. Data processing on our website

We process your personal data on our website in different ways:

a) Hosting and log files

The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offer. 

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 (1) lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of a contract processing agreement). Art. 28 DSGVO (conclusion of order processing agreement).

We, or rather our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO, we collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

The IP address is stored for 14 days for security reasons (e.g. to clarify acts of abuse or fraud) and then deleted. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the respective incident is finally clarified (e.g. further log file information). Every time you access our website, your browser automatically sends certain information to the website server to enable communication between your browser and the server. This information is stored in a so-called log file. This is, for example, information about

• the type and version of the browser you are using,
• the operating system you are using,
• the website from which you came to the current page,
• the host name (IP address) of your computer and
• the time at which the call was made.

We also use the information transmitted by your browser to our server in anonymised form - i.e. without it being possible to draw any conclusions about you - to analyse and improve our services. In this way, we can, for example, detect possible errors or determine on which days and at which times our websites are particularly heavily used.

b) Data processing within the scope of registration via the LOGIN offer/retailer login

As a business partner of ECE, you can create a tenant account via the so-called retailer login, which serves to simplify the implementation of the rental contract obligations. When creating the tenant account, the data that ECE needs to contact the customer is collected: name, email address, telephone number, company name, telephone number if applicable, address data. The legal basis for the processing of this data is your consent in accordance with Art. 6 Para. 1 lit. a DSGVO. We expressly point out that you can revoke this consent at any time without giving reasons. The revocation of consent does not affect the lawfulness of the data processed until the revocation.

c) Sales report

Furthermore, you can use the reporting form on our website to fulfil your contractual obligation to report your turnover. In order to be able to guarantee a correct allocation of the turnover figures, the necessary contract data is also collected in addition to these. The legal basis for the collection of the turnover figures and the contract data is, in accordance with Art. 6 Para. 1 lit. b DSGVO, that this data processing is necessary for the fulfilment of the obligations arising from the rental contract.

d) Contact form

When you contact us, e.g. via our contact form or by e-mail, the data you provide (e.g. your e-mail address, possibly your name, your telephone number, etc.) is processed by us in order to process your enquiry and, if necessary, to contact you. We delete the data accrued in this context when it is no longer required for the aforementioned purpose, provided that there are no legal retention obligations that prevent deletion.

The processing is based on your consent in accordance with Art. 6 para. 1 sentence 1 lit. a DSGVO. We expressly point out that you can revoke this consent at any time without giving reasons. The revocation of consent does not affect the lawfulness of the data processed until the revocation.

If you provide us with personal data of another person, you must first take the necessary data protection measures for this, e.g. obtain the required prior consent of this person and inform him or her of the purpose for which you are transferring the data to us.

 

e) E-Invoicing

You have the option via our website to choose a simplified and more sustainable way of delivering your invoice documents and accounting letters by e-mail using our e-invoicing form. For this we need your e-mail address. This data collection is also carried out in order to fulfil the obligations arising from the rental contract and thus on the basis of Art. 6 Para. 1 lit. b DSGVO.

 

f) Use of cookies

(1) General Information

When you visit our website, we use data collection technologies such as cookies, tags, and pixels in your browser to capture specific information about your current browsing session. These technologies are commonly referred to as "cookies" on other websites. Cookies also allow our website to store your actions and preferences (e.g., login information, language, font size, and other display preferences) for a certain period of time so that you do not have to re-enter them every time you visit or navigate from one page to another. We use cookies for various purposes. Depending on the purpose, different requirements and legal bases apply to the use of these cookies.

(2) Types and Purposes of Cookies

This website uses the following types of cookies, whose scope and functionality are explained below: • Necessary Cookies • Performance Cookies

(a) "Necessary" Cookies - Website Functionality and Management:

We use "necessary" cookies to operate our website. These cookies ensure functions without which you would not be able to use our website as intended. A personal identification number is also stored for you, the visitor of our website, for management and identification purposes. This allows us to provide you with consistently high-quality service. We store data such as the language preferences you have saved. These cookies are only set for the duration of your browser session.

A technical necessity exists, for example, with regard to ensuring the following functionalities/achieving the following purposes:

• User Inputs – Even when user inputs, e.g., in online forms that span multiple web pages, are stored, this storage can be considered necessary.
• Login – The login status, e.g., in a community, is expected by a user and can therefore be considered absolutely necessary.
• User Security – When using cookies for security purposes, both their necessity and purpose must be considered. Permissible are especially necessary measures that serve to protect users and their data (e.g., preventing so-called brute force attacks).
• Language Selection – The storage of language selection on an international website is also expected by users and is considered necessary.
• Cookie Opt-In – Cookies that store a cookie consent are also absolutely necessary so that the "cookie banner" does not reappear every time the website is accessed.
• Playback of Multimedia Content – If the cookies are essential for playback, they may be used.
• Load Balancing – Cookies that serve the even load distribution (load balancing) of a website are considered absolutely necessary.

The use of necessary cookies on our website is possible without your consent. For this reason, necessary cookies cannot be individually deactivated or activated. However, you always have the option to disable cookies in your browser in general (see below under (c)).

Legal Basis: 
§ 25 Abs. 2 Nr. 2 TTDSG, Art. 6 (1) b GDPR (Necessity for Contract Performance)

(b) Performance Cookies to Improve Website Performance

Performance cookies collect information about how our website is used in order to improve its attractiveness, content, and functionality. These cookies help us determine, for example, whether and which subpages of our website are visited and which content users are particularly interested in. Specifically, we record the number of visits to a page, the number of subpages accessed, the time spent on our website, the sequence of pages visited, which search terms led you to us, the country, region, and possibly the city from which access occurs, and the share of mobile devices accessing our websites. We also track movements, "clicks," and scrolling with the computer mouse to understand which areas of our website are of particular interest to users. As a result, we can tailor the content of our website more specifically to the needs of our users and optimize our offering.

The IP address of your computer, which is transmitted for technical reasons, is automatically anonymized and does not allow us to infer the individual user.

Microsoft Clarity

On this website, various user information is collected and stored through the "Microsoft Clarity" service provided by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA (hereinafter "Microsoft") for statistical analysis of user behavior. This information, which always excludes personal reference, includes, among other things, time zone setting, operating system and platform, the geographical origin of the page access, the referrer if you were redirected to our page, the duration of visits to specific pages, as well as information about website interaction (e.g., scrolling, clicks, and mouse-overs). Pseudonymized usage profiles can be created and evaluated from this data for the same purpose. Cookies are used for collection and evaluation. Among other things, the cookies allow the recognition of the internet browser. The data collected using Microsoft technologies is not used without the separate consent of the data subject to identify the visitor of this website personally, and it is not merged with personal data about the holder of the pseudonym.
Information collected may be transferred to Microsoft servers in the USA and stored there. We have concluded a data processing agreement with Microsoft in which we obligate Microsoft to protect our customers' data and not to pass it on to third parties.

Further information on the privacy policies of Microsoft Clarity can be found at https://clarity.microsoft.com/terms

Legal Basis and Withdrawal Options:

§ 25 Abs. 1 S. 1 TDDDG, Art. 6 (1) a GDPR (Consent)

The use of so-called performance cookies is based on your consent. You provide this consent by clicking the "OK" button on the website in a banner that links to these consent texts. By clicking the "OK" button, you agree that data may be stored on your device (e.g., by setting cookies) or that data may be retrieved from your device.

If you have given your consent, you can object to the use of "Performance" cookies at any time by adjusting your cookie settings accordingly.
You can find the cookie settings at the bottom left by clicking on the cookie button.

(3) Managing and Deleting All Cookies

Of course, you can configure your browser so that it does not store our cookies on your device. The help function in the menu bar of most web browsers explains how to prevent your browser from accepting new cookies, how to notify your browser when you receive a new cookie, or how to delete all received cookies and block all further ones.

 

Please note that a general deactivation of cookies may lead to functional limitations of our website.

 

Please proceed as follows:

In Internet Explorer:
1. Select "Internet Options" from the "Tools" menu.
2. Click on the "Privacy" tab.
3. Now you can adjust the security settings for the internet zone. Here you can set whether and which cookies should be accepted or rejected.
4. Confirm your settings with "OK."

In Firefox:
1. Select "Options" from the "Tools" menu.
2. Click on "Privacy".
3. In the drop-down menu, select "Use custom settings for history".
4. Now you can specify whether cookies should be accepted, how long you want to keep these cookies, and add exceptions for which websites you always or never want to allow cookies.
5. Confirm your settings with "OK."

In Google Chrome:
1. Click on the Chrome menu in the browser toolbar.
2. Now select "Settings".
3. Click on "Show advanced settings".
4. Under "Privacy," click on "Content settings".
5. Under "Cookies," you can make the following cookie settings:
• Delete cookies
• Block cookies by default
• Delete cookies and website data by default when closing the browser
• Allow exceptions for cookies from specific websites or domains

If you want to delete individual cookies set in your browser or find out which service providers/setters have placed cookies in your browser, you can also do so through a "Preference Manager". One such manager is available, for example, at www.youronlinechoices.com.

4. Recipients of data

Only those internal offices or organisational units as well as other companies affiliated with us under company law will receive your data if this is necessary for the fulfilment of our contractual and legal obligations or if we require the data in the context of processing and implementing our legitimate interest.

5. Duration of storage

Your personal data will be stored on the basis of your consent, for the performance of a contract or for the exercise of legitimate interests. However, if you withdraw your consent or object to data processing, or if the purpose of processing has ceased to exist, personal data will be deleted from the ECE computer systems within a reasonable period of time, unless their further processing - for a limited period of time - is required due to statutory retention obligations.

If a transfer to third parties has been initiated by ECE, the recipients will be informed accordingly to the extent required by law.

6. Data subject rights

If you exercise your rights under this section, in accordance with applicable law, we will communicate the rectification or erasure of your personal data or the restriction of processing implemented in accordance with your request to all recipients to whom the personal data have been disclosed, unless such communication is impossible or involves a disproportionate effort. 

If you wish to exercise your rights and/or receive all relevant information, please contact us using the contact details provided in section 10. We will respond within 1 month of receiving your request at the latest. In accordance with applicable law and the information below, you have the right to request access to, correction, erasure or portability (e.g. transfer of your personal data to another service provider) of your personal data processed by us, as well as restriction of processing. 

(1) Right to information

You are entitled at any time to request information free of charge about, among other things, your data processed by us, the processing purposes, the categories of recipients, the planned storage period or, in the case of third country transfers, the appropriate guarantees. You are also entitled to receive a copy of your data.

(2) Correction of your personal data

Under applicable law, you have the right to correct the personal information you have shared with us. Through your settings on the Services, you can update your account information, change your profile settings, order/unsubscribe to messages from us, and set your preferences for sharing on the Services, including location-based features. 

If you have registered for our services in writing or by email, please contact us in writing or by email using the contact details set out in Clause 10 to correct your personal data. 

(3) Deletion of your personal data

You can request us to delete your personal data at any time, in writing or by e-mail using the contact details given in section 10. If you request us to do so, we will delete all personal data held about you without delay, provided that the purpose of processing has ceased to apply and no statutory or legal retention obligations prevent deletion. In this case, we will block the data.

(4) Restriction of processing

If you request us to restrict the processing of your personal data, in writing or by email using the contact details set out in section 10, e.g. if you question the accuracy, lawfulness or necessity of us processing your personal data, we will reduce the processing of your personal data to the minimum necessary (storage) and use it only to establish, exercise or enforce legal claims or to protect the rights of other natural or legal persons and for other legal reasons, if necessary. If the restriction is lifted and we process your personal data again, you will be notified of this without delay. 

(5) Portability of your personal data

You have the right to obtain your personal data which you have provided to us on the basis of consent or a contract and which is processed automatically. If you request us to do so in writing or by e-mail using the contact details mentioned in section 10, we will provide you with your personal data in a commonly used, machine-readable format without delay after receiving your request. Upon request, we will transfer your personal data to external parties (data controllers) that you name in your request, provided that this request does not violate the rights or freedom of third parties and is technically feasible. 

(6) Revocation of your consent / revocation rights

You can revoke your consent at any time without giving reasons. Please contact us by e-mail or letter (for contact details, see point 10). We will no longer process your personal data for the purposes for which you gave your consent and will block it accordingly. The revocation of your consent does not affect the lawfulness of the processing based on your consent prior to its revocation. 

(7) Rights of objection

You also have the right to object at any time, on grounds relating to your particular situation, to the processing of data relating to you by us which is carried out on the basis of Article 6(1)(e) (performance of a task in the public interest) or Article 6(1)(f) DSGVO (legitimate interest of the controller); this also applies to profiling based on these provisions. In this case, we will no longer process the data relating to you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of this data for the purpose of such marketing. If you object to the processing for direct marketing purposes, this data will no longer be processed for these purposes.

Please send any revocations to the address given under point 10.

(8) Complaint to the competent data protection authority

You have the right to lodge a complaint about our data processing with a supervisory authority.

(9) Amendment of our data protection provisions

We reserve the right to amend this data protection declaration from time to time so that it always complies with the current legal requirements or in order to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection statement will then apply to your next visit.

(10) Questions on data protection

If you have any questions about data protection or would like to exercise your rights as set out above, please contact us using the details below:

To the

Group Data Protection Officer of the ECE Group

Heegbarg 30
22391 Hamburg
datenschutz@ece.com

Hamburg, 26.06.2023