DATA PROTECTION DECLARATION

1) Introduction and contact details of the controller

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we will inform you about how we handle your personal data when you use our website. Personal data is all data that can be used to personally identify you.

1.2 The controller in charge for data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is K & K PrimePartment GmbH, Urbanstraße 71, 10967 Berlin, Deutschland, Tel.: +4915561510224, E-Mail: kokott@primepartment.de. The controller is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.

2) Data collection when visiting our website

If you use our website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to the page server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website:

Our visited website

Date and time at the time of access

Amount of data sent in bytes

Source/reference from which you came to the page

Browser used

Operating system used

IP address used (if applicable: in anonymized form)

The processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.

3) Contact

3.1 WhatsApp Business

You have the option to contact us via the WhatsApp messaging service provided by WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland. We use the so-called “business version” of WhatsApp for this purpose.

If you contact us via WhatsApp regarding a specific transaction (e.g. an order you have placed), we will store and use the mobile phone number you used on WhatsApp and – if provided – your first and last name in accordance with Art. 6 (1) point b GDPR for the purpose of processing and responding to your request. On the same legal basis, we may ask you to provide further data (order number, customer number, address or e-mail address) via WhatsApp in order to be able to assign your request to a specific process.

If you use our WhatsApp contact for general enquiries (e.g. about our range of services, availability or our website), we store and use the mobile phone number you use for WhatsApp and – if provided – your first and last name in accordance with Art. 6 (1) point f GDPR, on the basis of our legitimate interest in providing the requested information in an efficient and timely manner.

Your data will only be used to respond to your request via WhatsApp. It will not be passed on to third parties.

Please note that WhatsApp Business is given access to the address book of the mobile device we use for this purpose and automatically transfers phone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA. For the operation of our WhatsApp Business account, we use a mobile device in whose address book only the WhatsApp contact data of those users are stored who have also contacted us via WhatsApp.

This ensures that every person whose WhatsApp contact data is stored in our address book has already consented to the transmission of their WhatsApp phone number from the address books of their chat contacts in accordance with Art. 6 (1) point a GDPR when they use the app on their device for the first time by accepting the WhatsApp terms of use. In this respect, the transmission of data from users who do not use WhatsApp and/or have not contacted us via WhatsApp is excluded.

The purpose and scope of the data collection and the further processing and use of the data by WhatsApp, as well as your rights in this regard and setting options for protecting your privacy, can be found in WhatsApp's data protection information: https://www.whatsapp.com/legal/?eea=1#privacy-policy

We have concluded a data processing agreement with the provider that protects the data of our site visitors and prohibits the disclosure of such data to third parties.

As part of the above-mentioned processing, data may be transferred to servers of Meta Platforms Inc. in the United States.

For data transfers to the US, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.

3.2 When you contact us (e.g. using the contact form or by email), personal data is processed solely for the purpose of processing and responding to your request and only to the extent necessary to do so.

The legal basis for processing this data is our legitimate interest in responding to your request in accordance with Article 6(1)(f) of the GDPR. If you contact us with a view to entering into a contract, the additional legal basis for the processing is Art. 6 (1) lit. b GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified, provided that there are no legal storage obligations to the contrary.

4) Data processing when opening a customer account

In accordance with Art. 6 (1) point b GDPR, personal data transmitted by you to us for opening a customer account will be collected and processed to the extent necessary. The input mask used for this purpose on our website indicates which data must be entered.

You can delete your customer account at any time by sending a message to the above address of the controller. After deletion of your customer account, your data will be deleted, provided that all related contracts have been fully executed, there are no legal retention periods to the contrary and we have no legitimate interest in further storage.

5) Use of customer data for direct mail

5.1 Registration for our e-mail newsletter

If you register for our e-mail newsletter, we will regularly send you information about our offers. The only information required to send the newsletter is your e-mail address. The provision of further data is voluntary and is used to enable us to address you personally. We use the so-called double opt-in procedure for sending the newsletter, which ensures that you only receive the newsletter if you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the specified email address.

By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 (1) point a GDPR. In doing so, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later point in time. The data collected by us when registering for the newsletter is used strictly for the intended purpose.

You can unsubscribe from the newsletter at any time using the link provided in the newsletter or by sending a message to the controller named at the beginning. After you have unsubscribed, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use the data in a manner that goes beyond the scope permitted by law and about which we inform you in this statement.

5.2 Sending the e-mail newsletter to existing customers

If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you offers for goods or services similar to those already purchased from our range by e-mail. According to § 7 Abs. 3 UWG, we do not need to obtain separate consent from you for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalized direct mail in accordance with Art. 6 (1) point f GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail.

You have the right to object to the use of your email address for the aforementioned advertising purpose at any time with effect for the future by sending a message to the controller named at the beginning. You will only incur the transmission costs according to the basic rates for this. After we receive your objection, we will immediately stop using your email address for advertising purposes.

5.3 WhatsApp newsletter

If you register for our WhatsApp newsletter, we will regularly send you information about our offers via WhatsApp. The only mandatory information for sending the newsletter is your mobile phone number.

To receive the newsletter, add our mobile number to the address contacts of your mobile device and send us the message “Start” via WhatsApp. By sending this WhatsApp message, you give us your consent to use your personal data in accordance with Art. 6 (1) point a GDPR for the purpose of sending the newsletter. We will then add you to our newsletter mailing list.

The data collected by us when you register for the newsletter will be processed exclusively for the purpose of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time by sending us the message “Stop” via WhatsApp. After you have unsubscribed, your mobile phone number will be immediately deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use the data for other purposes that are permitted by law and about which we inform you in this statement.

Please note that WhatsApp Business is given access to the address book of the mobile device we use for this purpose and automatically transfers phone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA.

For this reason, we use a mobile device in whose address book only the WhatsApp contact data of our newsletter recipients are stored to send our WhatsApp newsletter. This ensures that every person whose WhatsApp contact data is stored in our address book has already consented to the transmission of their WhatsApp telephone number from the address books of their chat contacts in accordance with Art. 6 (1) point a GDPR when they use the app on their device for the first time by accepting the WhatsApp terms of use. In this respect, the transmission of data from users who do not use WhatsApp and/or have not contacted us via WhatsApp is excluded.

The purpose and scope of the data collection and the further processing and use of the data by WhatsApp, as well as your rights in this regard and setting options for protecting your privacy, can be found in WhatsApp's data protection information: https://www.whatsapp.com/legal/?eea=1#privacy-policy

We have concluded a data processing agreement with WhatsApp that protects the data of our newsletter recipients and prohibits the disclosure of such data to third parties.

As part of the above-mentioned processing, data may be transferred to servers of Meta Platforms Inc. in the United States.

For data transfers to the US, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level on the basis of an adequacy decision by the European Commission.

5.4 Advertising by letter post

On the basis of our legitimate interest in personalized direct mail, we reserve the right to store your first and last name, postal address and, if we have received this additional information from you as part of our contractual relationship, your title, academic degree, year of birth and the name of your profession, industry or business in accordance with Art. 6 (1) (f) GDPR and to use them for sending interesting offers and information about our products by post.

You can object to the storage and use of your data for this purpose at any time.

6) Data processing for contract execution

6.1 In order to execute the contract, we work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

6.2 Use of payment service providers (payment services)

- Paypal

This website offers one or more online payment methods from the following provider: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg

If you select a payment method from the provider that requires you to pay in advance, your payment data (including name, address, bank and payment card information, currency and transaction number) provided during the ordering process, as well as information about the content of your order, will be passed on to the provider in accordance with Art. 6 (1) point b GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent necessary.

If you select a payment method in which we make advance payment, you will also be asked to provide certain personal data (first and last name, street, house number, postcode, city, date of birth, email address, telephone number, and, if applicable, data on an alternative means of payment) during the order process.

In order to protect our legitimate interest in determining your solvency in such cases, we will forward this data to the provider in accordance with Art. 6 (1) point f GDPR for the purpose of a credit check. On the basis of the personal data you have provided, as well as other data (such as shopping cart, invoice amount, order history, payment experiences), the provider checks whether the payment option you have selected can be granted with regard to payment and/or default risks.

The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Among other things, but not exclusively, address data is included in the calculation of the score values.

You can object to this processing of your data at any time by sending us a message or by contacting the provider. However, the provider may still be entitled to process your personal data if this is necessary for the contractual processing of payments.

7) Rights of the data subject

7.1 The applicable data protection law grants you the following rights (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, whereby reference is made to the cited legal basis for the respective conditions of exercise:

- Right of access by the data subject according to Art. 15 GDPR;

- Right to rectification according to Art. 16 GDPR;

Right to erasure in accordance with Art. 17 GDPR;

Right to restriction of processing in accordance with Art. 18 GDPR;

Right to notification in accordance with Art. 19 GDPR;

Right to data portability in accordance with Art. 20 GDPR;

Right to withdraw consent granted in accordance with Art. 7 (3) GDPR;

Right to lodge a complaint in accordance with Art. 77 GDPR.

7.2 RIGHT TO OBJECT

IF, IN THE CONTEXT OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME, FOR REASONS ARISING RESULT FROM YOUR PARTICULAR SITUATION, TO FILE AN OBJECTION TO THIS PROCESSING WITH EFFECT FOR THE FUTURE.

IF YOU EXERCISE YOUR RIGHT OF OBJECTION, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN PROVE THAT THERE ARE COMPELLING REASONS FOR PROCESSING WHICH ARE WORTHY OF PROTECTION AND WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING. YOU MAY EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

8) Duration of storage of personal data

The duration of the storage of personal data is determined on the basis of the respective legal basis, the purpose of the processing and, if relevant, additionally on the basis of the respective statutory retention period (e.g. commercial and tax retention periods).

When processing personal data on the basis of express consent in accordance with Art. 6 (1) point a GDPR, the data concerned will be stored until you revoke your consent.

If there are statutory retention periods for data that is processed in the context of legal or similar obligations on the basis of Art. 6 para. 1 lit. b DSGVO are processed, these data are routinely deleted after the retention periods have expired, provided that they are no longer required for the fulfillment or initiation of the contract and/or there is no longer any legitimate interest on our part in further storage.

When processing personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until you exercise your right of objection under Art. 21 para. 1 GDPR, unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until you exercise your right of objection under Art. 21 (2) GDPR.

Unless otherwise indicated by the other information in this declaration regarding specific processing situations, stored personal data will be deleted when it is no longer required for the purposes for which it was collected or otherwise processed.

Copyright notice: This data protection declaration was created by the specialist lawyers of the IT-Recht Kanzlei under the DOC-ID: ##ITK-be723bb3833304b91c43ca26c47e3cd6## and is protected by copyright (https://www.it-recht-kanzlei.de)

As at: 29/01/2025, 10:32:00