The Controller in the meaning of the General Data Protection Regulation (“GDPR” in the following) and other national data protection laws and provisions is
CEO: Thomas Nowak
Phone: +49 (0) 721/9779573
II. General Information on Data Processing
Data protection is of particular significance to us. Therefore, we only collect and use personal data of our users insofar as is required to provide our content and services and a functioning website. Personal data includes all information referring to an identified or identifiable natural person (“Person Concerned” in the following).
The collection and use of personal data of our users is always conducted in accordance with the GDPR and the applicable national data protection laws and provisions. If the processing of personal data is required, and such processing is not allowed by statutory regulations, we always seek the consent of the Person Concerned.
In general, we do not transfer personal data to third parties. A transfer only takes place, if you have given your express consent (Art. 6 Sec. 1 p. 1 lit. a GDPR); if a legitimate interest in such transfer exists and there is no reason to assume that you have an overriding and legitimate interest in you data not being transferred (Art. 6 Sec. 1 p. 1 lit. f GDPR); if a transfer is necessary for compliance with a legal obligation (Art. 6 Sec. 1 p. 1 lit. c GDPR); or if a transfer is necessary for the performance of a contract to which you are a party (Art. 6 Sec. 1 p. 1 lit. b GDPR).
III. Visits on our Website
When you visit our website www.guardaley.com, the browser you use automatically sends information to the server on our website. The following information are collected and stored until automatic deletion:
• IP adress,
• Time of the server request,
• name and URL of the file,
• Referrer URL,
• Browser type and browser version,
• Host name of the accessing computer.
These data are only stored temporarily in a so-called log file. Not affected by this are the IP addresses of the user or other data that allow the assignment of the data to a user. A storage of this data together with other personal data of the user does not take place. When using this data, we draw no conclusions about the person concerned.
The legal basis for this processing is Art. 6 Sec. 1 p. 1 lit. f GDPR. The legitimate interest in the meaning of the GDPR is providing a working website with properly delivered content, optimizing our systems and providing law enforcement with the information needed to prosecute cyberattacks. As soon as there is no legitimate interest and there is no statutory retention requirement, these data will routinely deleted.
We use so-called session cookies to recognize that you have already visited individual pages on our website. These cookies are automatically deleted after leaving our site. In addition, we use temporary cookies that are stored on your device for a specific period of time. Visit our page again, it will automatically detect that you were with us already and what settings and adjustments they have made in order not to have to enter it again. The data collected includes the frequency of page views, search terms entered, and the use of website features.
If you click “ok” in the cookie note displayed on our website, you authorize us to set cookies. If you click “reject” only the technically necessary cookies are set.
The data processed by cookies are for the purposes mentioned in order to safeguard our legitimate interests as well as third parties according to Art. 6 Sec. 1 p. 1 lit. f GDPR required. Most browsers automatically accept cookies. However, you can set your browser in a way that it does not save cookies on your computer or always a hint appears before a new cookie is created. However, disabling cookies completely may mean that you can not use all features of our website.
V.Analytic tools (Google Analytics)
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google” in the following). To analyse the use of the website, the personal data of the customer, which are transmitted to the responsible person, are made available to the following recipient: – Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
The legal basis for using the analytic tool is Art. 6 Sec. 1 p. 1 lit. f GDPR. We want to ensure a needs-based design and the continuous optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as justified within the meaning of the aforementioned legal basis.
Google Analytics uses so-called “cookies”, text files that are stored on the computer of the customer and facilitate analysis of the customer’s use of the website. Information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the United States and stored there. In case of activated IP anonymisation on this website, however, the IP address, is previously truncated by Google within member states of the European Union or in other states which are party to the agreement on the European Economic Area. Only in exceptional cases is a full IP address transmitted to a Google server in the USA and truncated there. On behalf this website’s owner, Google will use this information to evaluate your use of the website, compile reports about website activities, and provide the website’s operator with further services related to website and Internet usage. Google will not link the IP address transferred by the customer’s browser as part of Google Analytics with any other data held by Google.
Please note that the code “anonymizeIp” (“analytics.js”) has been added to Google Analytics on our website to guarantee anonymised registration of IP addresses (so-called IP masking). Personal data will not be made available to third parties without the written consent of the customer, unless this is required by law.
VI.Contact via our website
Due to statutory regulations our website contains information that enables a quick electronic communication with our company (email address, in particular). If you contact us via email, your personal data, which you submit voluntarily, are automatically saved for the purpose of use and communication. Such data will not be transferred to third parties. The data will be deleted, when the legal retention period expires and the data are no longer required to perform or initiate a contract. The legal basis for processing data, which are transferred by sending an email, is Art. 6 Sec. 1 p. 1 lit. f GDPR. The legitimate interest in the meaning of the GDPR is to process and answer your contact request.
The data will be deleted as soon as they are no longer required to fulfill the purposes mentioned above, i.e. when the respective communication with the user is finished. The communication is deemed finished when the circumstances suggest that the matter in question has been resolved conclusively.
You have the right to object to the storage of your personal data at any time. For this purpose, please contact the Controller mentioned in Sec I.The data from any prior communication will then be deleted; a further communication will not be possible.
VII. Contact form
Users of our website have the opportunity to contact us via a contact form. If you take this option, the data given in the input screen will be transmitted to us and saved. These data are:
• Email adress,
• Phone number,
• personal data in the message.
At the time of sending the message, the following data are also stored:
• IP adress,
• Time of the server request.
We only need the collected data to answer your contact request. The data stored at the time of dispatch serve to ensure the security of our systems and to prevent the misuse of the contact form. Any further use or disclosure of this data will not take place.
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form of the contact form, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.
If the contract request results in a contract or contract initiation, the legal basis for further data processing is Art. 6 Sec. 1 p. 1 lit. b GDPR.
You have the opportunity to withdraw your consent to the processing and storage of your data at any time with effect for the future. For this purpose, please contact the controller named in I. The data from the previous communication is then deleted.
Users can register on our website. This requires the collection of personal data. The data is entered into an input screen and transmitted to us and stored. A transfer of data to third parties does not take place. The following personal data are collected during the registration process:
• Email address.
At the time of the registration, the following data are also stored
• IP adress,
• Time of the server request.
If the registration serves the performance of a contract of which the user is a party or contract initiation, an additional legal basis for the processing of the data is Art. 6 Sec. 1 p. 1 lit. b GDPR. Under a contractual relationship, on the basis of Art. 6 Sec. 1 p. 1 lit. b GDPR data will forwarded to payment and logistics service providers.
A registration of the user is necessary for the use of some of our services. In addition, data collection is necessary to prevent abuse of our website and to be able to act against the corresponding users in the case of illegal content.
As a user, you have the option at any time of cancelling the registration or modifying the data stored about you. The data will be deleted if the registration on our website is cancelled or modified and there are no further data retention or other legitimate interests of the person responsible for data storage.
By subscribing to our newsletter, you agree to the following notices regarding registration, sending and statistical evaluation procedures as well as your right of withdrawal.
If you sign up for our newsletter via our website, the data given in the input screen will be sent to us and saved. These data are:
• Email address.
At the time of the subscribing, the following data are also stored
• IP address,
• Time of the server request.
In accordance with the legal requirements, the newsletter registrations are logged by saving the registration and confirmation time and the IP address. Also, changes to your stored data will be noted.
The logging of the registration procedure, is carried out on the basis of our legitimate interests acc. Art. 6 Sec. 1 p. 1 lit. f GDPR. Our interest is the preventing misuse of our offerings.
Users have the opportunity to withdraw their consent to the processing and storage of the data at any time with effect for the future. For this purpose, please contact the controller named in I. or use the “unsubscribe link”, which you will find at the end of each newsletter.
X. Rights of the data subject
As the Person Concerned (= data subject) you have the following rights against the Controller. If you wish to assert any of such rights, please contact the Controller under the contact details mentioned in I.
1. Right of access (Art. 15 GDPR)
You have the right to obtain information from the Controller on whether or not personal data concerning you are being processed.
Where that is the case, you may obtain from the Controller access to the personal data and information on the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipient to whom the personal data have been or will be disclosed; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from you, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Art. 22, Sec. 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing to you; information on the transfer of personal data to a third country or to an international organization, and the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.
2. Right to Rectification (Art. 16 GDPR)
You have the right to obtain from the Controller without undue delay the rectification and/or completion of personal data concerning you that is incorrect or incomplete.
3. Right to Erasure (Art. 17 GDPR)
You have the right to obtain from the Controller the erasure of personal data stored by us, if the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; if you withdraw consent on which the processing is based, and where there is no other legal ground for the processing; if you object to the processing pursuant to Art. 21, Sec. 1 and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21, Sec. 2; if the personal data have been unlawfully processed; if the personal data have to be erased for compliance with a legal obligation; or if the personal data have been collected in relation to the offer of information society services referred to in Art. 8, Sec. 1 GDPR.
This right to erasure does 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; for reasons of public interest; or for the establishment, exercise or defence of legal claims.
4. Right to Restriction of Processing (Art. 18 GDPR)
You have the right to obtain from the Controller restriction of processing, if the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data; if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead; if the Controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; or if you have objected to processing pursuant to Art. 21 Sec. 1 GDPR, pending the verification whether the legitimate grounds of the Controller override those of you.
Where processing has been restricted, such personal data shall, with the exception of 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 you have obtained restriction of processing, you shall be informed by the Controller before the restriction of processing is lifted.
5. Right to Data Portability (Art. 20 GDPR)
You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller.
6. Right to Object
Insofar as your personal data are processed on the basis of legitimate interests in accordance with Art. 6 Sec. 1 p. 1 lit. f GDPR, you have the right to object such processing of your personal data on grounds relating to your particular situation. If your objection is directed against direct marketing, you have a general right to object which we will implement without you being required to submit grounds relating to your particular situation.
7. Right to Withdraw Consent (Art. 7 Sec. 3 GDPR)
You have the right to withdraw your consent at any time so that we are not allowed to continue processing data based on such consent in the future.
8. Right to lodge a complaint with a supervisory authority (Art. 77 GDPR)
You have the right to lodge a complaint with a supervisory authority. You may address the supervisory authority of your habitual residence or place of work, or the supervisory authority concerned with us.
XI. Data Security
To protect your data, we use the SSL (Secure Socket Layer) method on our website, combined with the highest level of encryption supported by your browser. Whether a single page of our website is transmitted in encrypted form is indicated by the closed presentation of the key or lock symbol in the status bar of your browser.
Incidentally, we use appropriate technical and organizational security measures to protect your data against manipulation, loss, destruction or against unauthorized access by third parties.