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PRIVACY POLICY

FITCONNECT UG (haftungsbeschränkt), Breitenfelder Strasse 62 in 20251 Hamburg (hereinafter referred to as „Scalerion“ or „we“ or „us“) attaches great importance to the protection of your privacy. In this privacy policy we would like to inform you about the processing of your personal data by us.

Personal data is any information relating to an identified or identifiable natural person, such as names, addresses, telephone numbers and email addresses.

 

1. Who is responsible for processing my personal data?

Your order is processed via our trading platform. We provide the trading platform for our contractual partners (merchants, suppliers and agents). Within the process stages described below, we – together with the respective dealer or supplier acting on your behalf – are jointly responsible for the processing of your personal data (EU GDPR Art. 26 DSGVO):

  • We are jointly responsible with the respective merchant for the collection of your personal data when placing or reversing your order via our trading platform with the involvement of a merchant.

  • For the processing of your personal data in direct connection with the execution of your order via our trading platform, we are jointly responsible with the respective supplier who executes your order.

  • In addition, we are solely responsible for the processing of your personal data to the extent described in section 3 of this Privacy Policy.

In all other respects, the dealers or suppliers are solely responsible for the processing of personal data carried out by them. In particular, we are not responsible for the processing of personal data that takes place outside our trading platform by the merchants or suppliers. Please contact the respective dealers or suppliers directly in this regard.

 

2. What personal data is processed under joint responsibility?

In the following, we would like to inform you in more detail about data processing under joint responsibility:

2.1 What personal data is processed under joint responsibility? Why and for how long is the data processed and what is the legal basis for this?

When you place an order through our trading platform, the following data is collected:

  • Personal data (surname, first name, gender, date of birth)
  • Contact details (street, postal code, city, e-mail, telephone if applicable)
  • Name and address of the store
  • Information about the ordered product (esp. product name, price)
  • Date of the order
  • Involved dealers and suppliers
  • Shipping information
  • Data for payment processing (esp. means of payment used)

This data is processed in order to be able to carry out your order. The legal basis for the processing is the fulfillment of the contract concluded with you (EU GDPR Art. 6 para. 1 lit. a) DSGVO), which is concluded with the respective supplier.

Furthermore, the data is required in order to fulfill the agreement concluded between us and the merchants or suppliers for the provision of our trading platform as well as the agreements between the merchants and suppliers regarding the distribution of goods via our trading platform. The legal basis for this processing is the legitimate interest of us and the dealers or suppliers, in the fulfillment of the contractual agreements concluded (EU GDPR Art. 6 para. 1 lit. f) DSGVO).

The data is stored for the duration of the execution of the contract and beyond that until the expiry of the statutory retention periods (usually 10 years).

2.2 What has been agreed on joint responsibility?

We have concluded an agreement with the dealers or suppliers on data processing under joint responsibility (EU GDPR Art. 26 DSGVO). You can view the agreement here.

The agreement regulates, in particular, the exercise of the rights of the data subjects and the fulfillment of the data protection information obligations (EU GDPR Articles 13 and 14 DSGVO) and the data subject rights (EU GDPR Articles 15 – 23 DSGVO).

According to the agreement, we are responsible for the information obligations and for the data subject rights. We comply with the information obligations with this data protection notice. You can find out how to exercise a data subject right in the next section under section 2.3.

In fulfilling these obligations, we work closely with the dealers and suppliers in accordance with the agreement concluded and support each other. In particular, we provide each other with the necessary information to properly fulfill information obligations and data subject rights.

2.3 How can data protection rights be exercised?

We are your contact for exercising your data protection rights. For this purpose, you can contact us at any time using the contact details listed below in section 8. You are also free to exercise the data protection rights vis-à-vis the other data controllers (for contact details, please see section 8 below).

 

3. Which personal data are processed by us under our own responsibility?

We process certain personal data when you place an order via our trading platform (see the information in section 3.1). If you have given us your consent, we also process certain personal data in order to be able to send you a newsletter (see the information in section 3.2).

3.1 Processing of data when placing orders via our trading platform

If you place an order via our trading platform, the personal data specified in the table below will be processed by us under our own responsibility for the purposes indicated in each case:

Data concerned Purpose
We collect zip code, city, year of birth and gender of the orderer when an order is placed.

The data is used in anonymous form to

  • establish regional correlations between suppliers, dealers, agents and end users and to derive optimization potential.

  • to analyze the user group (gender, year of birth) of our platform, to adjust the offer to this or to expand it by the user group.

  • to understand the regional distribution of purchasers and to use this information for the further development of the platform and to put it in relation to dealers, agents and suppliers.
We collect data on the products purchased, the dealers, suppliers and agents involved.

The data is used in anonymized form to

  • Derive aggregate information about buyer behavior and use it to improve our offerings.

  • Be able to make recommendations to suppliers, agents and dealers to optimize their offer and sales activities (e.g. to expand the product range and dealer structure).

  • Identify and exploit correlations between product and item history, supplier, dealer and end user.

  • Derive dependencies between aggregated data of end users (e.g. age groups) as well as retailers, suppliers and agents (e.g. preferences for certain suppliers, retailers or products).

  • nderstand which items are combined and purchased by the end consumer at which retailers from which suppliers, also in combination with the previous assortment.
We collect data on the point of sale, shipping warehouses, parcel service providers and the frequency of returns.

The data is used in anonymized form to

  • analyze which points of sale, mail order warehouses, parcel service providers are used and how high the returns rate is.

  • improve the retail platform and enable suppliers to optimize the assortment and the cooperation with retailers and end consumers.

  • evaluate and understand the frequency of returns (e.g. for specific products, retailers or parcel service providers) and identify the underlying causes (e.g. reliability of products).
We collect data on the means of payment used for the order. The data is used in anonymized form to identify trends in the use of payment methods and to improve our trading platform.

We store this data separately from the data processed with our contractual partners (merchants, suppliers) under joint responsibility (see section 2.) and do not combine it with other personal data such as your name and exact address on our trading platform.

Insofar as personal data is processed, it is only processed for as long as is necessary to anonymize the data records (as a rule, anonymization takes place within 20 days after the collection of the personal data). The legal basis for the processing of personal data until it is completely anonymized is our legitimate interest in analyzing the use of our platform and optimizing our offer and conducting market research (EU GDPR Art. 6 (1) f) DSGVO).

The data analysis described in detail in the table above is carried out by us only on the basis of anonymized and aggregated data, through which you are not identifiable as a person. Profiles are not created. In particular, we do not evaluate your individual purchasing behavior. The anonymized and aggregated data is deleted when we no longer need the data for market research or to understand our platform.

3.2 Processing of data when registering for our newsletter

If you register for our newsletter, we collect your name and e-mail address.

Why and for how long will my personal data be processed?

We process your name and email address in order to be able to send you the newsletter.

For the registration to our newsletter, we use the so-called double-opt-in procedure. This means that after you have provided your e-mail address, we will send you a confirmation e-mail to the e-mail address you have provided, in which we ask you to confirm that you wish to receive the newsletter.

If we do not receive the confirmation within 24 hours, your registration will be automatically deleted. If you confirm your wish to receive the newsletter, we will store the respective e-mail address until the user unsubscribes from the newsletter.

The storage serves the sole purpose of being able to send the newsletter to the users.

What is the legal basis for data processing?

The legal basis for the processing of your data is your consent (EU GDPR Art. 6 para. 1 lit a) DSGVO).

The consent given by you by actively clicking on a corresponding selection field has the following wording.

„I would like to be informed in the future by e-mail (about 1 to 4 times per month) from Scalerion GmbH, Technologiepark 18 in 33106 Paderborn about interesting topics. I can revoke my consent at any time, e.g. by e-mail to newsletter@scalerion.com or by mail to our address given above.“

Consent to the sending of the newsletter can be revoked at any time with effect for the future. Users can declare the revocation by clicking on the link provided in every newsletter e-mail or by e-mail to newsletter@scalerion.com or by other message to the address stated in section 1.

 

4. Will my personal data be shared with others? Will personal data be transferred to recipients in third countries?

Your personal data will not be transferred to other persons. However, we may use service providers (currently for Newsletter Cleverreach GmbH) and commission them with data processing (e.g. to send the newsletter or perform market analyses). These service providers are bound by us to data protection and only act on our instructions.

Your personal data will be stored exclusively in Germany. As a matter of principle, we do not transmit your data to recipients who are based outside the European Union.

The anonymized data created for analysis purposes or for market research (see section 3.) may be passed on by us to third parties in aggregated form. This data does not allow any conclusions to be drawn about a person.

 

5. Are „cookies“ or other tracking mechanisms used?

Cookies are used when using the Scalerion platform. Cookies are small text files that can be stored on your end device when you visit an online service (e.g. website or application).

When calling the Scalerion platform, we use technically necessary cookies. Without the use of these cookies, the provision of the Scalerion Platform or the functionalities of the Scalerion Platform (e.g. logging in, creating content, writing messages) is not possible.

The legal basis for the processing of personal data in connection with technically necessary cookies is our legitimate interest in being able to operate a functioning platform (Art. 6 para. 1 lit. f DSGVO). Technically necessary cookies are deleted after the end of your visit.

In addition, cookies may be used by the analysis tools described in the following section. For more details, please refer to section 6.

 

6. Are analytics tools used?

We use the following analytics tools only when you visit the publicly accessible part of our platform. If you log in and visit the part of the platform reserved for our registered participants, no analytics tools are used.

Matomo

To better understand what interests visitors to our websites and whether they find their way around, we use the open-source analysis tool Matomo (formerly Piwik). This tool sets a cookie to distinguish individual users from each other.

However, as Matomo is hosted via our server, this data never leaves our area of responsibility. This is therefore a much better alternative than tools such as GoogleAnalytics, where the visit statistics are processed externally. The protection of your data is important to us, which is why we have additionally configured Matomo in such a way that your IP address is only recorded in abbreviated form. We therefore process your personal usage data anonymously. It is not possible for us to draw any conclusions about your person. Further information on the Matomo terms of use and the data protection regulations can be found at: https://matomo.org/privacy/.

The legal basis for the processing is your consent (Art. 6 para. 1 lit. a DSGVO).

 

7. What are your rights regarding the processing of personal data?

You can contact us as described in section 8. if you wish to assert your rights. When doing so, please ensure that we are able to clearly identify you.

Subject to the applicable legal conditions and limits, you are entitled to the following rights:

Right to information and disclosure

You have the right to request information about the processing of your data (EU GDPR Art. 15 DSGVO).

Right of correction and deletion

You may request us to correct incorrect data and to complete or delete your data (EU GDPR Art. 16, Art. 17 DSGVO).

Restriction of processing

You may request us to restrict the processing of your data (Art. 18 DSGVO).

Data portability

Where data processing is based on a contract or consent, you may request that we transfer the data you have provided to us in a structured, commonly used and machine-readable format. If technically feasible, you may also request that the data be transferred to a third party (Art. 20 DSGVO).

Objection to direct marketing

You may object to the processing of your personal data for promotional purposes at any time (EU GDPR Art. 21 DSGVO).

Objection in case of data processing based on „legitimate interests“.

If your personal data is processed on the basis of legitimate interests (EU GDPR Art. 6(1)(f) DSGVO), you have the right to object to the processing of your personal data, provided that there are grounds for doing so that arise from your particular situation.

Revocation of consent

If you have given us consent to process your data, you may revoke this consent at any time with effect for the future. The lawfulness of the processing of your data until the revocation remains unaffected.

Right of complaint to the supervisory authority

You have the right to file a complaint with a data protection authority. To do so, you can contact, for example, the data protection authority responsible for your place of residence or your federal state or the data protection authority responsible for us (State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia, Kavalleriestr. 2-4, 40213 Düsseldorf, Germany).

 

8. Other

There is no data processing for automated decision making in the sense of EU GDPR Art. 22 DSGVO.

 

9. Amendment of this data protection notice

We reserve the right to update this data protection notice. Therefore, please note the current version of our data protection notice. The status of this data protection notice is December 2020.

 

10. How can I contact the responsible persons?

In order to process your request as quickly as possible, we ask you to use our contact form for all questions regarding data protection or the assertion of data subject rights.

In addition, you can contact us for all questions regarding data protection at the address given below: FITCONNECT UG (haftungsbeschränkt), Breitenfelder Strasse 62, 20251 Hamburg, Germany, e-mail: datenschutz@scalerion.com.