Data Protection

Data Protection Declaration

(Last updated: 25 May 2018)

We are pleased about your visit to www.newbooks-solutions.com and your interest in our company. The protection of your personal data is very important to us. In accordance with Articles 12, 13 and 21 of the General Data Protection Regulation (GDPR) and Section 13 of the German Telemedia Act (Telemediengesetz, TMG), we hereby inform you about the handling of your personal data when using our website.

Personal data are individual details about personal or factual circumstances of a specific or identifiable natural person. This includes information such as your real name, address, telephone number and date of birth.

I. Data Controller

Data Controller in accordance with the GDPR:

NEWBOOKS Solutions GmbH
Am Malzbuechel 6-8
50667 Cologne
Germany

Phone +49 221 2722991-10
Fax +49 221 2722991-99
E-Mail info@newbooks-solutions.com


II. Data Protection Officer

Contact details of our data protection officer:

Andreas Jacobi
Phone +49 221 2722991-20
Fax +49 221 2722991-99
E-Mail dataprotectionofficer@newbooks-solutions.com

 

III. Purposes and Legal Bases of the Data Processing

1. Informational Use of the Website

You can visit our website without providing any personal information. If you use our website for information purposes only, i.e. do not contact us via the contact options provided, register for the newsletter or otherwise provide us with information about yourself, we will not collect any personal data, with the exception of the data transmitted by your browser, in order to enable you to visit the website.

For the purpose of technically providing the website, we may need to process certain automatically submitted information from you in order for your browser to display our website and for you to use the website. These include the type of browser, the browser language, the operating system used and the time of access. This information is automatically collected each time you visit our website.

We process your personal data for the technical provision of our website on the basis of the following legal bases:

  • to fulfil a contract or to carry out pre-contractual measures pursuant to Art. 6 para. 1 lit. b GDPR, insofar as you visit our website to obtain information about our products and our events; and
  • to protect our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR in order to make the website technically available to you. Our legitimate interest is to provide you with an attractive, technically functioning and user-friendly website and to take measures to protect our website from cyber risks and to prevent our website from posing cyber risks for third parties.


2. Active Use of the Website

In addition to the purely informational use of our website, you can also actively use our website to register for our newsletter or to contact us. In addition to the above-mentioned processing of your personal data for purely informational purposes, we will then also process other personal data that we require from you in order to process and respond to your request.

a. User Requests

In order to be able to process and answer your requests, e.g. via the contact form or to our e-mail address, we process your personal data provided by you in this context. In any case, this includes your first name, last name and your e-mail address in order to send you an answer, as well as the other information that you send us in the context of your message.

We process your personal data for the purpose of answering user requests on the basis of the following legal bases:

  • to protect our legitimate interests pursuant to Art. 6 para. 1 lit f GDPR; our legitimate interest is to answer customer inquiries appropriately.


b. Legal Compliance

We also process your personal data in order to fulfil other legal obligations that affect us in connection with your use of our website. These include, in particular, retention periods under commercial, trade or tax law.

We process your personal data for legal compliance on the basis of the following legal bases:

  • to fulfil a legal obligation to which we are subject pursuant to Art. 6 para. 1 lit. c GDPR in connection with commercial, trade or tax law, insofar as we are obliged to record and store your data.


c. Legal Enforcement

We also process your personal data in order to assert our rights and our legal claims. In addition, we process your personal data in order to be able to defend ourselves against legal claims. Finally, we process your personal data to the extent necessary to defend against or prosecute criminal offences.

We process your personal data for this purpose on the basis of the following legal bases: 

  • to protect our legitimate interests pursuant to Art. 6 para. 1 f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or prevent or clarify criminal offences.


d. Marketing Purposes, such as Newsletters etc.

With your consent we use your data for marketing purposes, such as the transmission of our newsletter, for advertising surveys or invitations to events of interest to you. In this context, we collect mandatory information such as your first and last name and your e-mail address. You can unsubscribe at any time by clicking on the link provided in the newsletter and unsubscribing.

We process your data for the dispatch of newsletters, surveys, etc. and the personalization of the address on the following legal basis:

  • If you have given us your consent by double opt-in procedure, pursuant to Art. 6 para. 1 lit. a GDPR.

Use of data for e-mail advertising and your right of objection

If we receive your e-mail address in connection with the conclusion of the contract and the provision of our products and you have not objected to this, we reserve the right to regularly send you offers for similar products from our range by e-mail. You can object to this use of your e-mail address at any time by sending a message to the contact described below or via a link provided for this purpose in the advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates.

 

IV. Links

Some sections of our websites contain links to the websites of third parties. These websites are subject to their own privacy policies. We are not responsible for their operation including data handling. If you send information to or through such third party sites, you should review the privacy policies of those sites before submitting information that may be personally identifiable to you.

 

V. Categories of Recipients

Initially, only our employees receive knowledge of your personal data. We may also share your personal data with other recipients who provide services to us in connection with our website, to the extent permitted or required by law. We limit the disclosure of your personal data to the extent necessary to fulfil the above-mentioned purposes. In some cases, our service providers receive your personal data as data processors and are then strictly bound by our instructions when handling your personal data. In some cases, the recipients handle your data, which we transmit to them, independently.

Below we list the categories of recipients of your personal data:

  • IT service provider for the administration and hosting of our website, and
  • legal advisors in asserting our claims.

 

VI. Transfer into Third Countries

We do not transfer your personal data to countries outside the EU/EEA or to international organisations.

 

VII. Duration of Storage

1. Informational Use of the Website

When using our website for information purposes only, we store your personal data on our servers exclusively for the duration of your visit to our website. After you have left our website, your personal data will be deleted immediately.

2. Active Use of the Website

If you actively use our website, we initially store your personal data for the duration of answering your inquiry or for the duration of our business relationship. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract.

If a contract is concluded, we will then store your personal data until any legal claims arising from the relationship with you become statute-barred, in order to use them as evidence if necessary. The limitation period is generally between 12 and 36 months, but can also be up to 30 years. Upon commencement of the limitation, we delete your personal data, unless there is a legal obligation to store data, for example from the German Commercial Code (Sections 238, 257 para. 4 HGB) or from the Fiscal Code of Germany (Section 147 para. 3, 4 AO). These retention obligations can amount to two to ten years.

 

VIII. Your Rights as Data Subject

Under the respective legal conditions, you have the following rights as data subject, which you can assert against us:

Right to information: You are entitled to request confirmation from us at any time within the scope of Art. 15 GDPR as to whether we are processing personal data relating to you. If this is the case, you are also entitled under Art. 15 GDPR to receive information about such personal data as well as other specific information (inter alia, processing purposes, categories of personal data, categories of recipients, planned storage period, the origin of the data, the use of automated decision-making and, in the case of transfers to third countries, the appropriate guarantees) and a copy of the data.

Right to correction: According to Art. 16 GDPR, you are entitled to demand correction of the personal data stored about you if it is inaccurate or incorrect. 

Right to deletion: You are entitled, under the conditions of Art. 17 GDPR, to request from us the deletion of personal data relating to you without delay. Among other things, there is no right of deletion if the processing of personal data is necessary for (i) the exercise of the right to freedom of expression and information, (ii) the fulfilment of a legal obligation to which we are subject (e.g. statutory retention obligations) or (iii) the assertion, exercise or defence of legal claims.

Right to limitation of processing: Under the conditions of Art. 18 GDPR you are entitled to request from us the limitation of the processing of your personal data.

Right to data transferability: You are entitled, under the conditions of Art. 20 GDPR, to request from us the provision to you of the personal data relating to you that you have submitted to us in a structured, current and machine-readable format.

Right of revocation: You have the right to revoke your consent to the processing of personal data at any time with effect for the future.

Right to objection: You are entitled to object to the processing of your personal data under the conditions of Art. 21 GDPR, meaning that we have to terminate the processing of your personal data. The right of objection exists only within the limits provided for in Art. 21 GDPR. In addition, our interests may prevent the processing from being terminated, so that we are entitled to process your personal data despite your objection.

Right of appeal to a supervisory authority: You are entitled to file a complaint with a supervisory authority, in particular in the Member State of your place of residence, work or suspected infringement, under the conditions laid down in Article 77 GDPR, if you believe that the processing of personal data concerning you infringes the GDPR. The right of appeal is not prejudicial to any other administrative or judicial remedy.

The supervisory authority responsible for our company is:

Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
Kavalleriestr. 2-4
40213 Düsseldorf
Germany

Tel: 0211/38424-0
Fax: 0211/38424-10
Email: poststelle@ldi.nrw.de

However, we recommend that you always address a complaint to our data protection officer first.

If possible, your applications for the execution of your rights should be addressed in writing to the above address or directly to our data protection officer.

 

IX. Scope of your Obligations to Provide Data

Generally, you are not obliged to provide us with your Personal Data. However, if you do not provide this information, we will not be able to make our website available to you, answer your questions and enter into a contract with you. Personal data which we do not necessarily require for the above-mentioned processing purposes, but instead are voluntary, are marked accordingly.

 

X. Automated Decision Making / Profiling

We do not use automated decision making or profiling (an automated analysis of your personal circumstances).

Information about your right of objection Art. 21 GDPR 

1. You have the right to object at any time to the processing of your data on the basis of Art. 6 para. 1 f GDPR (data processing on the basis of a balance of interests) or Art. 6 para. 1 e GDPR (data processing in the public interest), if there are reasons for this arising from your particular situation. This also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR.
If you object, we will no longer process your personal data, unless we can prove compelling and applicable reasons for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

2. We also process your personal data in individual cases for direct marketing purposes. If you do not wish to receive advertising, you have the right to object to it at any time; this also applies to profiling, insofar as it is associated with such direct advertising. We will take this contradiction into account in the future.

We will no longer process your data for direct marketing purposes if you object to the processing for these purposes.

The objection can be made without formality and should be addressed to

NEWBOOKS Solutions GmbH
Am Malzbuechel 6-8
50667 Cologne
Germany

Phone +49 221 2722991-10
Fax +49 221 2722991-99
E-Mail info@newbooks-solutions.com.

 

XI. Changes to this Data Protection Declaration

We reserve the right to make changes to this Data Protection Declaration at any time. We will announce the changes by posting the revised Data Protection Declaration on our website. Unless otherwise stipulated, such changes come into effect immediately. Therefore, please check the Data Protection Declaration on a regular basis in order to see the latest version as amended from time to time.

 

Last updated: May 2018