Privacy Policy English

Data privacy statement

Any collection, processing and use (hereinafter "use") of data is solely for the purpose of providing our services. The services of AJ&Smart GmbH have been designed to use as little personal information as possible. For that matter, "personal data" is understood as all individual details about a person or factual circumstances of an identifiable natural person (so-called "affected person"). The following statements on data protection describe what types of data are collected when accessing our website, what happens with these data and how you may object to data usage.

I.General information on data processing

1. Person Responsible (Controller)

Responsible within the meaning of the EU General Data Protection Regulation (GDPR) and the new Federal Data Protection Act (BDSG) is:

AJ&Smart GmbH

Address: Köpenickerstr 10a

10997 Berlin

Phone: 015770569271

Email: [email protected]

Website: https://ajsmart.samcart.com/products/design-sprint-masterclass-2020/

2. Name and address of the Data Security Officer

The data security officer is:

Kemal Webersohn of WS Datenschutz GmbH

If you have questions about data protection, you can contact WS Datenschutz GmbH at the following email address: [email protected]

WS Datenschutz GmbH

Dircksenstraße 51

D-10178 Berlin

https://www.ws-datenschutz.de/

3. Protection of your data

We have taken technical and organizational measures to ensure that the requirements of the EU General Data Protection Regulation (GDPR) are met by us, as well as, by external service providers working for us.

If we work with other companies to provide our services, such as email and server providers, this will only be done after an extensive selection process. In this selection process, each individual service provider is carefully selected for its suitability in terms of technical and organizational data protection skills. This selection procedure will be documented in writing and an agreement on the order processing of data (order processing contract) will only be concluded if the third party complies with the requirements of Art. 28 GDPR.

Your information will be stored on specially protected servers. Access to it is only possible for a few specially authorized persons. Our website is SSL/TLS encrypted, as can be seen by the https:// at the start of our URL. This also involves e-mail communications, which is encoded via SSL certificate.

4. Erasure of personal data

We process personal data only if necessary. As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out according to the standards of the erasure concept, unless legal or contractual regulations oppose this.

II.Use of data on this website and in logfiles

1. Scope of processing personal data

When visiting our website, our web servers temporarily store every access in a log file. The following data is collected and stored until automated erasure:

IP-address of the requesting computer
Date and time of access
Name and URL of the retrieved file
Transmitted amount of data
Message if the retrieval was successful
Detection data of the browser and operating system used
Website from which access is made
Name of your Internet access provider

We or our partners may process additional data occasionally. You will find information about this below.

2. Legal basis for processing personal data

The legal basis for the temporary storage of the data and log files is Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interest is to make our website accessible for you.

3. Purpose of data processing

The processing of this data serves: the purpose of enabling the use of the website (connection establishment), system security, the technical administration of the network infrastructure, as well as to optimize the website. The IP address is evaluated only in case of attacks on our network infrastructure or the network infrastructure of our internet provider.

Furthermore, no input of your personal data is required to use our website.

4. Duration of storage

As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out. This happens as soon as you close our website. Our hosting service might use data for statistical purposes. Any personal data will be anonymized for this. Our hosting service will delete this data after a period of 6 months.

5. Right of objection and erasure

The data processing is necessary in order to present the website and to ensure the website’s operation. Therefore, objecting is impossible.

III.Use of cookies

1. Description and scope of data processing

Our website is using cookies. Cookies are stored on your computer when you use our website. Cookies are small text files which are stored on your hard drive assigned to the browser you use. Through this information flows to us or the party who set the cookie. Cookies cannot run programs on or transmit viruses to your computer. Cookies are used to analyze the use of our website in anonymized or pseudonymized form and to enable personalized advertisements on this website. The following data may be transmitted:

Frequency of website visits
Which functions of the website are used by you
Your cookie-settings
Language settings

Upon entering this website, a cookie banner informs you about the use of cookies on this website and asks for your consent to the use of cookies. Also, you are pointed to the data privacy statement of this website.

2. Legal basis for data processing

The legal basis for the processing of data by cookies, which do not only serve the functionality of our website, is Art. 6 para. 1 s. 1 lit. a) GDPR.

The legal basis for the processing of data for cookies, which serve only the functionality of this website, is Art. 6 para. 1 s. 1 lit. f) GDPR.

3. Purpose of data processing

Our legitimate interests are to provide you with a working website connection and to ensure a comfortable use of this website. Also, we need to process your personal data to solve occurring safety and security issues, as well as to ensure system stability.

The data processing takes place to make a statistical evaluation of our website possible.

4. Duration of storage

This website uses the following types of cookies. The extend and function of each are being explained below:

Transient cookies (see a)
Persistent cookies (see b)

a) Transient cookies are automatically deleted when you close the browser. This is especially true for session cookies which store your session ID, with which various requests from your browser can be assigned to your session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.

b) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.

5. Right to objection and erasure

You have the possibility to revoke your consent to the data processing by means of cookies, which do not only serve the functionality of the website. In addition, we do not set cookies until you have agreed to set cookies when you visit the site. In this way, you can prevent data processing via cookies on our website. You can also delete the cookies in your browser's security settings at any time. Please note that you may not be able to use all the features of this website. The setting of cookies can also be prevented at any time by appropriate settings in your internet browser.

IV.Contact

1. Description and scope of data processing

Via our website it is possible to contact us via e-mail ([email protected]). This will require different data to answer the request, which will be automatically saved for processing.

Your data will not be passed on to third parties, unless you have given your consent.

2. Legal basis for data processing

The legal basis depends on Art. 6 para. 1 s. 1 lit. b) GDPR.

3. Purpose of data processing

The processing of personal data from the input form is used solely handling the contact request.

4. Duration of storage

The data will be deleted as soon as we answer your request. There might occur rare cases when legal or contractual retention periods interfere with the erasure of your personal data. In this case your data will be deleted after these periods.

5. Right to objection and erasure

The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us, they can object to storage of their personal data at any time. In such cases, the conversation cannot be continued. All personal data that has been stored in the course of the contact will be deleted.

V.Registration on the website

1. Description and scope of data processing

You can register on our website. This require you to enter personal data in the registration form. The following data is at least collected for this:

First name
Last name
Email address
credit card details

The information provided by the data subject in the registration mask will be used exclusively for processing and will not be disclosed to third parties.

2. Legal basis for data processing

If the data subject enters mandatory personal data in the registration form, the legal basis of the data processing is based on Art. 6 para. 1 s. 1 lit. b) GDPR. However, if the user also enters personal data in the optional input field, the data processing is based on Art. 6 para. 1 s. 1 lit. a) GDPR.

3. Purpose of data processing

The processing of personal data is used solely for us to finish your registration and organize your website-account.

4. Duration of storage

The data are deleted as soon as the purpose of storage is no longer required. This is the case if you delete your account and no statutory or regulatory retention periods of erasure contradict.

5. Right to objection and erasure

During and after the registration, the data subject is free to change, correct or delete their personal data.

VI.Online shopping

1. Description and scope of data processing

When you shop at our website and a delivery is arranged, we will process your first name and surname and payment details to complete the purchase agreement and the delivery agreement with you.

In the case of parcel deliveries, we also pass on your name, address and e-mail address to our contracted processors and service providers.

2. Legal basis for data processing

The legal basis for this data processing is Art. 6 para. 1 s.1 lit. b) GDPR. We are processing your data for the fulfilment of purchase contracts and supply agreements.

3. Purpose of data processing

We process your data to close the contract, to handle the payment, for billing, to ensure on-time delivery and to inform you about that delivery.

We provide your data to our contracted processors and service providers, so that they can process the delivery and, if necessary, communicate with you to announce and coordinate the delivery of your ordered goods.

4. Duration of storage

We process personal data only as long as necessary. As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out according to the standards of the erasure concept, unless legal or contractual regulations oppose this. You can also delete the user account in your account settings.

5. Right to objection and erasure

The data processing is necessary in order to be able to process your purchase contract, which is why it cannot be waived. There is therefore no option to object.

6. Credit Card

a. Description and scope of data processing

If you want to pay with your credit card while online shopping, we need your personal data for payment. We will ask you for following data:

First and last name,
Address,
E-Mail address,
Credit card number,
Name of credit card owner and
Credit card validity.

We check this personal data with the data of your order to detect an abusive use of the credit card or the payment possibility with credit card. Hereafter we will use the data to settle the agreed payment by credit card.

b. Legal basis of data processing

The legal basis for the data processing is Art. 6 para. 1 s. 1 lit. b) GDPR. The processing of your data is required for payment by credit card.

c. Purpose of data processing

The transmission of the data is necessary to prevent any possible misuse and use the data after successful verification to process the agreed payment by credit card.

d. Duration of storage

e. Right to objection and erasure

Data processing is mandatory in order to process your payment, so it cannot be waived if you have chosen this payment method. Therefore, objecting is impossible.

7. PayPal

a. Description and scope of data processing

We offer PayPal as a possible payment service. PayPal is a virtual means of payment. In order to use the payment service via PayPal, you must first register with PayPal. Data processing is carried out by: PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the user uses PayPal as a means of payment, personal data of the user will be transmitted to PayPal, to which he ultimately agrees. The personal data includes:

Frist and last name,
Address,
E-Mail address,
IP-address,
Telephone number,
if necessary mobile number
and other data, which are necessary for the final payment transaction.

In addition to the transfer of data to credit bureaus, it is also possible that PayPal may transfer the personal data to affiliated companies, including subcontractors, as far as this is necessary to fulfill the contractual obligations. The same applies to order processing.

For the privacy policy of PayPal, please refer to the following link: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

b. Legal basis of data processing

The legal basis for the data processing is Art. 6 para. 1 s. 1 lit. b) GDPR.

c .Purpose of data processing

The transmission of the data is necessary to prevent any possible misuse. We inform you that PayPal may transfer your personal information to credit bureaus. This is because PayPal reserves its right to verify the identity and creditworthiness of the user.

d. Duration of storage

e. Right to objection and erasure

Data processing is mandatory in order to process your payment through PayPal, so it cannot be waived if you have chosen this payment method. Therefore, objecting is impossible or would lead to withdrawal from the contract.

VII.Tracking and analytics

For the continuous improvement of our website we use the following tracking and analytics tools. Below you can find information on which personal data is processed in each case and how you can reach the respective service providers:

1. Facebook Custom Audience / Facebook-Pixel

a. Description and data processing

Our website uses Facebook's Custom Audience pixel to measure conversions.Data processing is carried out by: Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA.

With the help of the Facebook pixel, we can analyze the behaviour of our website’s visitors. As a result, the effectiveness of Facebook advertisements can be evaluated. Facebook receives the following data:

the redirect URL,
browser information,
and the person's Facebook user ID if they have a Facebook account
In addition, the following data is collected: Http Headers, Pixel-specific Data, Button Click Data, Optional Values and Form Field Names

The data is stored and processed by Facebook, a connection to the user profile is possible. Facebook can use the data for its own advertising purposes. This use of data cannot be influenced by us as the site operator.

The data we receive is used for retargeting or creating similar audiences. We cannot create a personal reference.

The data is stored and processed by Facebook, so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, according to the Facebook data usage directive. As a result, Facebook can enable ads to be displayed on Facebook and outside of Facebook. This use of data cannot be influenced by us as the site operator.

You can find Facebook’s data privacy policy here: https://www.facebook.com/about/privacy/

b. Legal basis of data processing

The legal basis for data processing is Art. 6 para. 1 s. 1 lit. a) GDPR.

c. Purpose of data processing

We process your data to continue the optimization of our website and our advertising activities.

d. Duration of storage

The data will be deleted as soon as the purpose of the processing has been achieved and no legal or contractual regulations prevent deletion.

e. Right to objection and erasure

You have the possibility to revoke your consent at any time. You can deactivate the remarketing feature "Custom Audiences" in the Ads Settings section of Facebook. https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen, if you have a Facebook account. If you do not have a Facebook account, you can disable Facebook’s usage-based advertising on the European Interactive Digital Advertising Alliance website: http://www.youronlinechoices.com/de/praferenzmanagement/

2. Google Tag Manager

a. Description and scope of data processing

Google Tag Manager is a solution that allows us to manage web site tags through one interface (including Google Analytics and other Google marketing services on our website). The tag manager itself (which implements the tags) does not process users' personal data. Regarding the processing of users' personal data, reference is made to the details of the Google services.

Google Tag Manager usage policies can be viewed here: https://www.google.com/intl/de/tagmanager/use-policy.html

3. Hotjar

a. Description and scope of data processing

We use Hotjar, an analysis software. Data processing is carried out by: Hotjar Ltd. ("Hotjar"), 3 Lyons Range, 20 Bisazza Street, Sliema SLM 1640, Malta, Europe.

With Hotjar it is possible to measure and analyze the usage behavior (clicks, mouse movements, scroll heights, etc.) on our website. The information generated by the "Tracking Code" and "Cookie" from your visit to our website will be transmitted to the Hotjar servers in Ireland and stored there. The tracking code collects the following information:

The IP address of your device (collected and stored in an anonymous format)
Your e-mail address, including your first and last name, provided you have made it available through our website
Screen size of your device
Device type and browser information
Geographical viewpoint (only the country)
The preferred language to represent our website
referring domain
Visited pages
Geographical viewpoint (only the country)
The preferred language to represent our website
Date and time when the website was accessed

Hotjar will use this information to evaluate your usage of our website, to generate reports of use, as well as other services related to the website use and internet evaluation of the website. Hotjar also uses third-party services such as Google Analytics and Optimizely to provide services. These third parties may store information that your browser sends during your visit to the Website, such as cookies or IP requests. For more information on how to store and use Google Analytics and Optimizely data, please refer to their respective privacy policies.

You will find more Information at: https://www.hotjar.com/legal/policies/privacy

b. Legal basis of data processing

The legal basis is your given consent, Art. 6 para 1 s. 1 lit. a) GDPR.

c. Purpose of data processing

We process your data to continue the optimization of our website. This also explains our legitimate interest in data processing.

d. Duration of storage

The cookies that Hotjar uses have a different "lifespan"; some stay up to 365 days, some remain valid only during the current visit.

e. Right to objection and erasure

You have the possibility to revoke your consent at any time. You also can prevent the collection of data by Hotjar by clicking on the following link and follow the instructions: https://www.hotjar.com/legal/compliance/opt-out

4. Deadline Funnel

a. Description and scope of data processing

We use the Deadline Funnel service. The data processing is carried out by: Deadline Funnel, 303B Anastasial Blvd.#163 Saint Augustine, FL 32080.

The following data can be processed by the provider:

first and last names
email addresses
phone numbers
avatars
company name
your role in your company
credit card information
billing and mailing addresses
other payment-related information
operating system type and version number, manufacturer and model
browser type
screen resolution
IP address
unique device identifiers
the website you visited before browsing to the Deadline Funnel Services
how long you spent on a page or screen
how you interact with our emails
navigation paths between pages or screens
date and time
pages viewed
left clicked

For more information: https://deadlinefunnel.com/tos; GDPR | Deadline Funnel; https://www.deadlinefunnel.com/dpa/

b. Legal basis of data processing

The legal basis for this processing is your consent in accordance with Art. 6 para.1 s. 1 lit. a) GDPR.

c. Purpose of data processing

We use deadline funnel to target offers for prospective customers and to make your stay on our website more pleasant and efficient.

d. Duration of storage

The data will be deleted as soon as the purpose of the processing has been achieved and no legal or contractual regulations prevent deletion.

e. Right to objection and erasure

You have the possibility to revoke your consent by notifying our data protection officer at any time.

5. SegMetrics

a. Description and scope of data processing

We use the SegMetrics service to display various information from services in a tabelary manner. The data processing is carried out by SegMetrics, Inc. The service also uses a cookie to collect your IP address, time, place and frequency of visits to our website. This data is processed for the purpose of analysing the use of the website.

Further information on data processing can be found here: Privacy Policy - SegMetrics

b. Legal basis for data processing

The legal basis for this processing is your consent in accordance with Art. 6 para.1 s. 1 lit. a) GDPR.

c. Purpose of data processing

SegMetrics helps us to better understand the user behavior of our website visitors and thus to be able to continuously improve our services.

d. Duration of data storage

The data will be deleted as soon as the purpose of the processing has been achieved and no legal or contractual regulations prevent deletion.

e. Right to objection and erasure

You have the option to revoke your consent at any time. For this purpose, please contact our data protection officer. If you have any questions about this Privacy Policy, please contact us at [email protected]

VIII.Service providers from third countries

In order to be able to provide our services, we use the support of service providers from third party countries (non-EU countries). In order to ensure the protection of your personal data in this case, we conclude processing contracts with each - carefully selected - service provider. All of our processors provide sufficient guarantees to implement appropriate technical and organizational measures. Our third country data processors are either located in a country with an adequate level of data protection (Art. 45 GDPR) or provide appropriate safeguards (Art 46 GDPR).

Adequate level of protection: The provider comes from a country whose level of data protection has been recognized by the EU Commission. For more information, see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en

EU standard contract clauses: Our provider has submitted to the EU standard contractual clauses to ensure secure data transfer. For more information, see: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:039:0005:0018:DE:PDF

Binding Corporate Rules: Article 47 of the GDPR provides the possibility of ensuring data protection when transferring data to a third country via Binding Corporate Rules. These are examined and approved by the data security authorities within the framework of the consistency mechanism pursuant to Art. 63 GDPR.

Consent: In addition, a data transfer to a third country without an adequate level of protection will only take place if you have given us your consent in accordance with Art. 49 sec. 1 lit. a) GDPR for this purpose.

IX.Your rights

You have the following rights with respect to the personal data concerning you:

1. Right to withdraw a given consent (Art. 7 GDPR)

If you have given your consent to the processing of your data, you can withdraw it at any time. This will affect the admissibility of processing your personal data by us for the time after you have withdrawn your consent. To withdraw your consent, contact us personally or in written form.

2. Right of access (Art. 15 GDPR)

You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to your personal data and the following information:

the purpose of processing;
the categories of personal data concerned;
the recipients or the categories of recipient to whom your personal data have been or will be disclosed, in particular recipients in countries outside of the EU or international organisations;
where possible, the envisaged period for which your personal data will be stored, or, if not possible, the criteria used to determine that period;
all available information on the source of your personal data;
the existence of automated decision-making, including profiling, referred to Art. 22 para. 1 and 4 GDPR and, in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

In the case of such a request, you must provide enough information about your identity to proof that the request concerns your own personal data.

3. Right to rectification and erasure (Art. 16, 17 GDPR)

You have the right to obtain from us without undue delay the rectification and completion of inaccurate personal data concerning yourself.

You may also request the erasure of your personal data if any of the following applies to you:

the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
you withdraw consent on which the processing is based according to Art. 6 para. 1 s.1 lit. a) or Art. 9 para. 2 lit. a) GDPR, and where there is no other legal ground of processing;
you object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the you object to the processing pursuant to Art. 21 para. 2 GDPR;
the personal data have been unlawfully processed;
the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
the personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1.

Where we made the personal data public and are obliged to erase the personal data pursuant to Art. 17 para. 1 GDPR, we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

These rights shall not apply to the extent that processing is necessary:

for exercising the right of freedom of expression and information;
for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the area of public health in accordance of Art. 9 para. 2 lit. h) and i) as well as Art. 9 para. 3 GDPR;
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, in so far as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
for the establishment, exercise or defence of legal claims.

4. Right to restriction of processing (Art. 18 GDPR)

You shall have the right to obtain from us restriction of processing where one of the following applies:

the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;
the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether our legitimate grounds override yours.

Where processing has been restricted under the aforementioned conditions, such personal data shall, except for storage, only be processed with your consent or for the establishment, exercise or defence 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 Union or of a Member State.

If the limitation of the processing is restricted, you will be informed by us before the restriction is lifted.

5. Right to information (Art. 19 GDPR)

If you have asserted us your right to rectification, erasure or restriction of data processing, we will inform all recipients of your personal data to correct, delete or restrict the processing of data, unless this proves impossible or involves disproportionate effort.

You also have the right to know which recipients have received your personal data.

6. Right to data portability (Art. 20 GDPR)

You have the right to receive your personal data, which you provided to us, in a structured, commonly used and machine-readable format. Also, you have the right to transmit those data to another controller, where

the processing is based on consent pursuant of Art. 6 para. 1 s.1 lit. a) GDPR or of Art. 9 para. 2 lit. a) GDPR or is based on a contract pursuant of Art. 6 para. 1 s. 1 lit. b) DS-GVO; and
the processing is carried out by automated means.

In exercising your right to data portability, you have the right to obtain that personal data transmitted directly from us to another controller, as far as technically feasible. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority that has been delegated to us.

7. Right to object (Art. 21 GDPR)

Where we based the processing of your personal data on a legitimate interest (Art. 6 para. 1 s. 1 lit. f) GDPR), you may object to the processing. The same applies if the data processing is based on Art. 6 para. 1 s. 1 lit. e).

In this case, we ask you to explain the reasons why we should not process your personal data. Based on this we will terminate or adapt the data processing or show you our legitimate reasons why we continue the data processing.

8. Right to lodge a complaint with supervisory authority (Art. 77 GDPR)

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the infringes of the GDPR.

The supervisory authority to which the complaint has been submitted shall inform you of the status and results of the complaint, including the possibility of a judicial remedy according to Article 78 GDPR.

VIII.How you perceive these rights

To exercise these rights, please contact our data security officer:

Kemal Webersohn from Webersohn & Scholtz GmbH

[email protected] or by mail:

WS Datenschutz GmbH

Dircksenstraße 51

D-10178 Berlin

IX.Subject to change

We reserve the right to change this privacy policy in compliance with legal requirements.

March 2021