The following Privacy Policy applies to the use of our website www.phosmedien.de (hereinafter referred to as the “Website”).
We place great importance on data protection. The collection and processing of your personal data is carried out in compliance with applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).
Data Controller
The controller responsible for the collection, processing, and use of your personal data within the meaning of Article 4(7) of the GDPR is Peter Frank, Hüttenzell 5, D-94372 Rattiszell (for further details, see the imprint)
If you wish to object to the collection, processing, or use of your data by us in accordance with this Privacy Policy, either in general or with respect to specific measures, you may direct your objection to the controller.
You may save and print this Privacy Policy at any time.
General Purposes of Processing
We use personal data for the purpose of operating the website.
What data we use and why
Hosting
The hosting services we use are intended to provide the following services: infrastructure and platform services, computing capacity, storage space, and database services, security services, and technical maintenance services, which we utilize for the purpose of operating the website.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta data, and communication data from customers, prospective customers, and visitors to this website based on our legitimate interests in the efficient and secure provision of our website pursuant to Art. 6(1)(f) GDPR in conjunction with Art. 28 GDPR.
Access data
We collect information about you when you use this website. We automatically collect information about your usage patterns and your interactions with us, and we record data about your computer or mobile device. We collect, store, and use data about every visit to our website (so-called server log files).
Access data includes:
- Name and URL of the file accessed
- Date and time of access
- Amount of data transferred
- Confirmation of successful access (HTTP response code)
- Browser type and version
- Operating system
- Referrer URL (i.e., the previously visited page)
- Websites accessed by the user’s system via our website
- User’s Internet service provider
- IP address and the requesting provider
We use this log data — without linking it to your identity or creating any other profiles — for statistical analysis to ensure the operation, security, and optimization of our website, as well as to anonymously track the number of visitors to our website (traffic), the extent and nature of use of our website and services, and for billing purposes to measure the number of clicks received from our partners. Based on this information, we can provide personalized and location-based content, analyze data traffic, identify and resolve errors, and improve our services.
This also constitutes our legitimate interest pursuant to Article 6 (1)(f) of the GDPR.
We reserve the right to review log data retrospectively if there is reasonable suspicion of unlawful use based on concrete evidence. We store IP addresses in log files for a limited period of time if this is necessary for security purposes or for the provision or billing of a service, e.g., when you use one of our services. After the order process is canceled or upon receipt of payment, we delete the IP address if it is no longer required for security purposes. We also store IP addresses if we have concrete suspicion of a criminal offense in connection with the use of our website. In addition, as part of your account, we store the date of your last visit (e.g., upon registration, login, clicking links, etc.).
Cookies
We use so-called session cookies to optimize our website. A session cookie is a small text file that is sent by the respective servers when you visit a website and is temporarily stored on your hard drive. This file contains a so-called session ID, which allows various requests from your browser to be associated with the same session. This enables your computer to be recognized when you return to our website. These cookies are deleted after you close your browser. They serve, for example, to allow you to use the shopping cart function across multiple pages.
We also use persistent cookies to a limited extent (also small text files stored on your device), which remain on your device and enable us to recognize your browser on your next visit. These cookies are stored on your hard drive and delete themselves automatically after a specified period of time. Their lifespan ranges from 1 month to 10 years. This allows us to present our website to you in a more user-friendly, effective, and secure manner and, for example, display information on the site that is specifically tailored to your interests.
Our legitimate interest in using cookies pursuant to Article 6 (1)(f) of the GDPR is to make our website more user-friendly, effective, and secure.
The following data and information, for example, are stored in the cookies:
- Login information
- Language settings
- Search terms entered
- Information about the number of visits to our website and the use of individual features on our website.
When a cookie is activated, it is assigned an identification number, and your personal data is not linked to this identification number. Your name, IP address, or similar data that would allow the cookie to be linked to you are not stored in the cookie. Based on cookie technology, we receive only pseudonymized information, such as which pages of our store were visited, which products were viewed, etc.
You can configure your browser so that you are notified in advance when cookies are set and can decide on a case-by-case basis whether to block cookies for specific cases or generally, or to prevent cookies entirely. This may limit the functionality of the website.
Social Bookmarks
Our website incorporates so-called social bookmarks (e.g., from Facebook, X, or Xing). Social bookmarks are online bookmarks that allow users of such services to collect links and news articles. On our website, these are included solely as links to the respective services. After clicking on the embedded graphic, you will be redirected to the respective provider’s website; that is, user information is only transmitted to the respective provider at that point. For information on how your personal data is handled when using these websites, please refer to the respective providers’ privacy policies.
Data required to fulfill our contractual obligations
We process personal data that we need to fulfill our contractual obligations, such as name, address, email address, products ordered, and billing and payment information. The collection of this data is necessary for the conclusion of the contract.
The data is deleted after the expiration of warranty periods and statutory retention periods. Data linked to a user account (see below) will be retained in any case for the duration of the account’s existence.
The legal basis for processing this data is Article 6 (1)(b) of the GDPR, as this data is necessary for us to fulfill our contractual obligations to you.
Newsletter
To subscribe to the newsletter, the information requested during the sign-up process is required. Your subscription to the newsletter is logged. After subscribing, you will receive an email at the address you provided asking you to confirm your subscription (“double opt-in”). This is necessary to prevent third parties from subscribing using your email address.
You can revoke your consent to receive the newsletter at any time and thus unsubscribe from the newsletter.
We store the registration data for as long as it is needed to send the newsletter. We store the registration log and the mailing address for as long as there is a need to prove the consent originally given; this generally corresponds to the statute of limitations for civil claims, i.e., a maximum of three years.
The legal basis for sending the newsletter is your consent pursuant to Article 6 (1)(a) in conjunction with Art. 7 of the GDPR and § 7(2)(3) of the UWG. The legal basis for logging the registration is our legitimate interest in proving that the newsletter was sent with your consent.
You may cancel your subscription at any time without incurring any costs other than the transmission costs according to the standard rates. A written notice sent to the contact details listed in Section 1 (e.g., email, fax, letter) is sufficient for this purpose. Of course, you will also find an unsubscribe link in every newsletter.
Product Recommendations
We regularly send you product recommendations via email, separate from our newsletter. This allows us to provide you with information about products from our range that may interest you based on your recent purchases of goods or services from us. In doing so, we strictly adhere to legal requirements. You may object to this at any time without incurring any costs other than the standard transmission fees. A written notification sent to the contact details listed in Section 1 (e.g., email, letter) is sufficient for this purpose. Of course, you will also find an unsubscribe link in every email.
The legal basis for this is the statutory permission under Article 6 (1)(f) of the GDPR in conjunction with § 7(3) of the German Unfair Competition Act (UWG).
E-Mail Contact
When you contact us (e.g., via the contact form or email), we process your information to handle your inquiry and in case follow-up questions arise.
If data processing is carried out to implement pre-contractual measures in response to your inquiry, or — if you are already our customer — to fulfill the contract, the legal basis for this data processing is Article 6 (1)(b) of the GDPR.
We process additional personal data only if you consent to it (Article 6(1)(a) of the GDPR) or if we have a legitimate interest in processing your data (Article 6 (1)(f) of the GDPR). A legitimate interest includes, for example, responding to your email.
Retention period
Unless otherwise specified, we retain personal data only for as long as is necessary to fulfill the purposes for which it was collected.
In some cases, the law requires the retention of personal data, such as under tax or commercial law. In such cases, we will continue to store the data solely for these legal purposes, but will not process it for any other purpose, and will delete it once the statutory retention period has expired.
Your rights as a data subject
Under applicable laws, you have various rights regarding your personal data. If you wish to exercise these rights, please send your request by email or mail, clearly identifying yourself, to the address listed in Section 1.
Below is an overview of your rights.
Right to Confirmation and Information
You have the right to receive clear information regarding the processing of your personal data.
Specifically:
You have the right at any time to receive confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have the right to request from us, free of charge, information about the personal data stored about you, along with a copy of this data. Furthermore, you have the right to the following information:
the purposes of the processing;
the categories of personal data being processed;
the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations;
if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria for determining this duration;
the existence of a right to rectification or erasure of the personal data concerning you, or to restriction of processing by the controller, or a right to object to such processing;
the existence of a right to lodge a complaint with a supervisory authority;
if the personal data are not collected from you, any available information regarding the source of the data;
the existence of automated decision-making, including profiling, pursuant to Article 22 (1) and (4) of the GDPR, and — at least in such cases — meaningful information regarding the logic involved, as well as the significance and intended consequences of such processing for you.
If personal data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.
Right to rectification
You have the right to request that we correct and, if necessary, complete your personal data.
Specifically:
You have the right to request that we immediately correct any inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data—including by means of a supplementary statement.
Right to erasure (“Right to be forgotten”)
In a number of cases, we are obligated to erase personal data concerning you.
Specifically:
Pursuant to Article 17(1) of the GDPR, you have the right to request that we erase personal data concerning you without undue delay, and we are obligated to erase personal data without undue delay if any of the following grounds apply:
The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
You withdraw your consent on which the processing was based pursuant to Article 6 (1)(a) of the GDPR or Article 9 (2)(a) of the GDPR, and there is no other legal basis for the processing.
You object to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) of the GDPR.
The personal data has been processed unlawfully.
The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which we are subject.
The personal data was collected in relation to information society services offered pursuant to Article 8 (1) of the GDPR.
If we have made the personal data public and are required to erase it pursuant to Article 17(1) of the GDPR, we will take reasonable steps, including technical measures, taking into account available technology and the cost of implementation, to inform the controllers processing the personal data that you have requested them to delete all links to such personal data or copies or replicas of such personal data.
Right to restriction of processing
In a number of cases, you have the right to request that we restrict the processing of your personal data.
Specifically:
You have the right to request that we restrict processing if one of the following conditions is met:
you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data,
the processing is unlawful and you have objected to the erasure of the personal data and instead requested the restriction of the use of the personal data;
we no longer need the personal data for the purposes of processing, but you need the data to assert, exercise, or defend legal claims, or
you have objected to the processing pursuant to Art. 21(1) GDPR, as long as it has not yet been determined whether our company’s legitimate grounds outweigh yours.
Right to data transferability
You have the right to receive, transmit, or have us transmit personal data concerning you in a machine-readable format.
Specifically:
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used, and machine-readable format, and you have the right to transmit this data to another controller without hindrance from us, provided that
the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and
the processing is carried out using automated means.
When exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from us to another controller, to the extent that this is technically feasible.
Right to object
You have the right to object to the lawful processing of your personal data by us if this is justified by your particular situation and our interests in the processing do not outweigh yours.
Specifically:
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out pursuant to Article 6 (1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions. We will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves to assert, exercise, or defend legal claims.
If we process 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 such marketing purposes; this also applies to profiling to the extent that it is related to such direct marketing.
You have the right to object, on grounds relating to your particular situation, to the processing of your personal data carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.
Automated decisions, including profiling
You have the right not to be subject to a decision based solely on automated processing — including profiling — that produces legal effects concerning you or similarly significantly affects you.
Automated decision-making based on the personal data collected does not take place.
Right to withdraw consent under data protection law
You have the right to withdraw your consent to the processing of your personal data at any time.
Right to lodge a complaint with a supervisory authority
You have the right to lodge a complaint with a supervisory authority, in particular in the Member State where you reside, where you work, or where the alleged infringement occurred, if you believe that the processing of your personal data is unlawful.
Data security
We make every effort to ensure the security of your data in accordance with applicable data protection laws and technical capabilities.
Your personal data is transmitted to us in encrypted form. This applies to your orders as well as to the customer login. We use the SSL (Secure Socket Layer) encryption system; however, we would like to point out that data transmission over the Internet (e.g., when communicating via email) may be subject to security vulnerabilities. It is not possible to completely protect data from access by third parties.
To secure your data, we maintain technical and organizational security measures in accordance with Article 32 of the GDPR, which we continually adapt to the state of the art.
Furthermore, we do not guarantee that our services will be available at specific times; disruptions, interruptions, or outages cannot be ruled out. The servers we use are regularly and carefully backed up.
Disclosure of data to third parties; no transfer of data to non-EU countries
As a general rule, we use your personal data only within our company.
If and to the extent that we engage third parties in connection with the performance of contracts (such as logistics service providers), these third parties receive personal data only to the extent necessary for the provision of the relevant service.
In the event that we outsource certain parts of data processing (“contract processing”), we contractually oblige processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the data subject’s rights.
No data transfer to entities or individuals outside the EU takes place outside of the case mentioned in Section 4 of this statement, nor is such a transfer planned.