The following privacy policy applies to the use of our online offer at gbspay.com or www.gbspay.com (hereinafter individually and collectively “Website”).
We attach great importance to data protection. The collection and processing of your personal data is carried out in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (DSGVO).
1 Responsible
Responsible for the collection, processing and use of your personal data within the meaning of Art. 4 No. 7 DSGVO is
GBS pay GmbH, Am Storrenacker 1a, 76139 Karlsruhe, represented by its Managing Director Markus Ernst.
If you wish to object to the collection, processing or use of your data by us in accordance with these data protection provisions, either in whole or for individual measures, you can address your objection to the person responsible.
You can save and print this privacy policy at any time.
2 General purposes of the processing
We use personal data for the purpose of operating the website.
3 What data we use and why
3.1 Hosting
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 that we use 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 of customers, interested parties and visitors to this website on the basis of our legitimate interests in an efficient and secure provision of our website in accordance with the German Data Protection Act. Art. 6 para. 1 S. 1 f) DSGVO in conjunction with para. 28 DSGVO.
3.2 Access data
We collect information about you when you use this website. We automatically collect information about your usage patterns and interaction with us and record data about your computer or mobile device. We collect, store and use data about every access to our website (so-called server log files). Access data includes:
- Name and URL of the retrieved file
- Date and time of the retrieval
- data volume transferred
- Message about successful retrieval (HTTP response code)
- Browser typ and browser version
- Operating system
- Referer URL (i.e. the previously visited page)
- Websites that are accessed by the user’s system via our website
- Websites that are accessed by the user’s system via our website
- IP address and the requesting provider
We use this log data without assigning it to you personally or otherwise profiling it for statistical evaluations for the purpose of operating, securing and optimising our website, but also to anonymously record the number of visitors to our website (traffic) and the extent and type of use of our website and services, as well as for accounting purposes to measure the number of clicks received from cooperation partners. This information allows us to provide personalised and location-based content and to analyse traffic, troubleshoot and improve our services.
This is also our legitimate interest according to Art 6 para. 1 S. 1 f) DSGVO.
We reserve the right to check the log data retrospectively if there is a justified suspicion of unlawful use on the basis of concrete indications. We store IP addresses in the log files for a limited period of time if this is necessary for security purposes or for the provision of a service or the billing of a service, e.g. if you use one of our offers. After cancelling the order process or after 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 a concrete suspicion of a criminal offence in connection with the use of our website. We also store the date of your last visit as part of your account (e.g. when registering, logging in, clicking links etc.).
3.3 Cookies
We use so-called session cookies to optimise 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 as such contains a so-called session ID, with which various requests from your browser can be assigned to the joint session. This allows your computer to be recognised when you return to our website. Diese Cookies werden gelöscht, nachdem Sie Ihren Browser schließen. They are used, for example, to enable you to use the shopping cart function across several pages.
To a small extent, we also use persistent cookies (also small text files that are stored on your terminal device), which remain on your terminal device and enable us to recognise your browser on your next visit. These cookies are stored on your hard drive and delete themselves after the specified time. Their lifespan is 1 month to 10 years. This enables us to present our offer to you in a more user-friendly, effective and secure manner and, for example, to display information on the site that is specifically tailored to your interests.
Our legitimate interest in the use of cookies pursuant to Art. 6 para. 1 p. 1 f) DSGVO is to make our website more user-friendly, effective and secure.
The following data and information are stored in the cookies:
- Log-In-Informationen
- Language settings
- entered search terms
- Information about the number of visits to our website and the use of individual functions of our website.
When the cookie is activated, it is assigned an identification number and your personal data is not assigned to this identification number. Your name, IP address or similar data that would enable the cookie to be assigned to you are not placed in the cookie. Based on the cookie technology, we only receive pseudonymised information, for example, about which pages of our shop were visited, which products were viewed, etc.
You can set your browser so that you are informed in advance about the setting of cookies and can decide on a case-by-case basis whether you want to exclude the acceptance of cookies for certain cases or in general, or that cookies are completely prevented. This may limit the functionality of the website.
3.4 Data for the fulfilment of our contractual obligations
We process personal data that we need to fulfil our contractual obligations, such as name, address, e-mail address, ordered products or other services, billing and payment data. The collection of this data is necessary for the conclusion of the contract.
The collection of this data is necessary for the conclusion of the contract. Data linked to a user account (see below) will in any case be retained for the duration of the management of that account.
The legal basis for the processing of this data is Art. 6 para. 1 S. 1 b) DSGVO, because this data is required so that we can fulfil our contractual obligations towards you.
3.5 User account
You can create a user account on our website. If you wish to do so, we require the personal data requested during login. When you log in later, only your email or username and the password you have chosen are required.
For new registrations, we collect master data (e.g. name, address), communication data (e.g. e-mail address) and payment data (bank details) as well as access data (user name and password).
To ensure your proper registration and to prevent unauthorised logins by third parties, you will receive an activation link by e-mail after your registration to activate your account. Only after successful registration do we permanently store the data transmitted by you in our system.
You can have us delete a user account once it has been created at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the contact data mentioned under item 1 (e.g. e-mail, fax, letter) is sufficient for this purpose. We will then delete your stored personal data insofar as we do not still need to store it for the processing of orders or due to statutory retention obligations.
The legal basis for the processing of this data is your consent in accordance with Art. 6 para. 1 S. 1 a) DSGVO.
3.6 Newsletter
To register for the newsletter, the data requested in the registration process is required. The subscription to the newsletter is logged. After registering, you will receive a message at the email address you provided asking you to confirm your registration (“double opt-in”). This is necessary to prevent third parties from registering with your email address.
You can revoke your consent to receive the newsletter at any time and thus unsubscribe.
We store the registration data as long as they are required for sending the newsletter. We store the logging of the registration and the mailing address as long as there was an interest in proving the consent originally given; as a rule, these are the limitation periods for claims under civil law, i.e. a maximum of three years.
The legal basis for the dispatch of the newsletter is your consent pursuant to §§ 3 and 4 of the German Data Protection Act. Art. 6 para. 1 S. 1 a) in conjunction with Art. 7 DSGVO iVm § 7 para. 2 No 3 UWG. The legal basis for logging the registration is our legitimate interest in proving that the mailing was made with your consent.
You can cancel the registration at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the contact data mentioned under item 1 (e.g. e-mail, fax, letter) is sufficient for this purpose. Of course, you will also find an unsubscribe link in every newsletter.
3.7 Product recommendations
We will send you regular product recommendations by e-mail independently of the newsletter. In this way, we will send you information about products from our range that you may be interested in based on your recent purchases of goods or services from us. In doing so, we strictly comply with the legal requirements. You can object to this at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the contact data mentioned under item 1 (e.g. e-mail, fax, 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 legal permission according to Art. 6 para. 1 S. 1 f) DSGVO in cinjunction with § 7 para. 3 UWG.
3.8 Email contact
If you contact us (e.g. via contact form or e-mail), we process your information to process the enquiry and in the event that follow-up questions arise.
If the data processing is carried out for the implementation of pre-contractual measures, which are carried out upon your request, or, if you are already our customer, for the implementation of the contract, the legal basis for this data processing is Art. 6 para. 1 p. 1 b) DSGVO.
We only process further personal data if you consent to this (Art. 6 para. 1 p. 1 a) DSGVO) or we have a legitimate interest in processing your data (Art. 6 para. 1 p. 1 f) DSGVO). A legitimate interest is, for example, to respond to your email.
4 Google Analytics
We use Google Analytics, a web analytics service provided by Google, Inc. („Google“). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about the use of this website by visitors to the site is generally transmitted to a Google server in the USA and stored there.
This is also our legitimate interest according to Art 6 para. 1 S. 1 f) DSGVO.
Google has submitted to the Privacy Shield agreement concluded between the European Union and the USA and has certified itself. By doing so, Google commits to comply with the standards and regulations of European data protection law. You can find more information in the entry linked below: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
We have activated IP anonymisation on this website (anonymizeIp). However, this means that your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage.
The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
You can also prevent the transmission of the data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
As an alternative to the browser plug-in or within browsers on mobile devices, you can click on the following link to set an opt-out cookie that will prevent the collection by Google Analytics within this website in the future (this opt-out cookie only works in this browser and only for this domain. If you delete the cookies in your browser, you must click this link again): [ga_optout]
5 Storage period
Unless specifically stated, we only store personal data for as long as is necessary to fulfil the purposes pursued.
In some cases, the legislator provides for the retention of personal data, for example in tax or commercial law. In these cases, we will only continue to store the data for these legal purposes, but will not process it in any other way and will delete it after the legal retention period has expired.
6 Your rights as being affected by data processing
Under applicable laws, you have various rights regarding your personal data. If you wish to exercise these rights, please send your request by e-mail or by post, clearly identifying yourself, to the address given in point 1.
Below you will find an overview of your rights.
6.1 Right to confirmation and information
You have the right to receive clear information about the processing of your personal data.
In detail:
You have the right to obtain confirmation from us at any time as to whether personal data relating to you is being processed. If this is the case, you have the right to request information from us free of charge about the personal data stored about you, together with a copy of this data. Furthermore, there is a right to the following information:
- the purposes of processing;
- the categories of personal data that are processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations;
- 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 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 of appeal to a supervisory authority;
- if the personal data is not collected from you, all available information about the origin of the data;
- the existence of automated decision-making, including profiling, in accordance with 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for you.
If personal data are transferred to a third country or to an international organisation, you have the right to be informed about the appropriate safeguards pursuant to Art. 46 of the GDPR in connection with the transfer.
6.2 Right of rectification
You have the right to demand that we correct and, if necessary, complete personal data relating to you.
In detail:
You have the right to request that we correct any inaccurate personal data relating to you without delay. 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 declaration.
6.3 Right to erasure (“right to be forgotten”)
In a number of cases we are obliged to delete personal data relating to you.
In detail:
Pursuant to Art. 17 para. 1 DSGVO (“GDPR”), you have the right to request that we delete personal data relating to you without undue delay and we are obliged to delete personal data without undue delay if one of the following reasons applies:
- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- You revoke your consent on which the processing is based pursuant to 6 para. 1 S. 1 a) DSGVO or Art. 9 para. 2 a) GDPR and there is no other legal basis for the processing.
- They shall, in accordance with 21 para. 1 DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (1) DSGVO. 2 DSGVO to object to the processing.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which we are subject.
- The personal data have been processed in relation to information society services offered pursuant to 8(para). 1 DSGVO.
If we have made the personal data public and we are required to do so pursuant to Art. 17 para. 1 DSGVO, we shall take reasonable steps, including technical measures, to inform data controllers who process the personal data that you have requested erasure of all links to or copies or replications of that personal data, taking into account the available technology and the cost of implementation.
6.4 Right to restrict processing
In a number of cases, you are entitled to request that we restrict the processing of your personal data.
In detail:
You have the right to request us to restrict processing if one of the following conditions is met:
- the accuracy of the personal data is contested by you for a period of time that enables us to verify the accuracy of the personal data,
- the processing is unlawful and you refused to erase 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 object to the processing pursuant to 21 para. 1 DSGVO as long as it has not yet been determined whether the legitimate reasons of our company outweigh yours.
6.5 Right to data portability
You have the right to obtain, transmit or have us transmit personal data relating to you in machine-readable form.
In detail:
You have the right to receive the personal data relating to you that you have provided to us in a structured, commonly used and machine-readable format and you have the right to transfer this data to another controller without hindrance from us, provided that
- the processing is based on consent pursuant to 6 para. 1 S. 1 a) DSGVO or Art. 9 para. 2 a) DSGVO or on a contract pursuant to Art. 6 para. 1 p. 1 b) DSGVO, and
- the processing is carried out with the aid of automated procedures.
When exercising your right to data portability in accordance with paragraph 1, you have the right to obtain that the personal data be transferred directly from us to another controller, where this is technically feasible.
6.6 Right of objection
You have the right to object to lawful processing of your personal data by us if this is based on your particular situation and our interests in the processing are not overriding.
In detail:
Sie haben das Recht, aus Gründen, die sich aus Ihrer besonderen Situation ergeben, jederzeit gegen die Verarbeitung Sie betreffender personenbezogener Daten, die aufgrund von Art. 6 Abs. 1 S. 1 e) or f) DSGVO; this also applies to profiling based on these provisions. We no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the purpose of asserting, exercising or defending legal claims.
If personal data is processed by us for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is associated with such direct marketing.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89 para. 1 DSGVO, unless the processing is necessary for the performance of a task carried out in the public interest.
6.7 Automated decisions including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
Automated decision-making based on the personal data collected does not take place.
6.8 Right to revoke consent under data protection law
You have the right to withdraw consent to the processing of personal data at any time.
6.9 Right to complain to a supervisory authority
You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you is unlawful.
7 Data security
We make every effort to ensure the security of your data within the framework of the applicable data protection laws and technical possibilities.
Your personal data is transmitted encrypted with us. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but we would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of the data against access by third parties is not possible.
To secure your data, we maintain technical and organisational security measures in accordance with Art. 32 DSGVO, which we continually adapt to the state of the art.
We also do not guarantee that our offer will be available at certain times; disruptions, interruptions or failures cannot be ruled out. The servers we use are carefully backed up on a regular basis.
8 Disclosure of data to third parties, no data transfer to non-EU countries
In principle, we only use your personal data within our company.
If and to the extent that we involve third parties in the performance of contracts (such as logistics service providers), they will only receive personal data to the extent that the transfer is necessary for the corresponding service.
In the event that we outsource certain parts of data processing (“commissioned processing”), we contractually oblige commissioned processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the rights of the data subject.
A data transfer to bodies or persons outside the EU outside the case mentioned in this declaration in point 4 does not take place and is not planned.
9 Data protection concerns
If you have any questions or concerns regarding data protection, please contact GBS pay GmbH directly, attn. of the Executive Board, Thurn-und-Taxis-Platz 6, 60313 Frankfurt am Main/ Germany.
Source: Herr Rechtsanwalt M. Greger – Specialist lawyer for copyright and media law at SNP Schlawien, Munich.
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