Notes on data protection for customers and interested parties

(Stand: 04.01.2021)

1. who is the responsible entity?

The responsible body in terms of data protection is thebagobag GmbH

Berliner Str. 69
13189 Berlin
Fon: +49 030-473729100
Fax: +49 030-44034254
Mail: office@bagobag.com Web: www.bagobag.com
Managing Director: Dipl.-Kffr. Zoriana Wettreck and Carsten Wettreck
Register Court: Charlottenburg Local Court,

HRB 114574 B

2. What personal data is collected?

a) For the preparation of an offer

To prepare a quotation for promotional carrier bags, packaging and promotional items of all kinds, protective masks, everyday masks and protective items of all kinds:

• Company name,
• Full address,
• Name of the contact person,
• E-Mail-Adresse,
• Telephone number.

When concluding a contract for the fulfilment of your orders for the production and delivery of promotional carrier bags, promotional packaging and promotional items of any kind, protective masks, everyday masks and protective items of any kind, we collect the following information:

• Company name,
• Full address,
• VAT ID/VAT,
• Name des Ansprechpartners,
• E-Mail-Adresse,
• Telephone number

Optional: Bank details.

3. for what purpose is the data collected?

The collection of this data takes place,

• to contact you and to be able to identify you as a customer or interested party or as their contact person,
• to send you offers and contracts,
• to deliver our goods and provide our service to you,
• for correspondence with you,
• to inform you about factual and legal requirements and changes to your duties,
• for invoicing,
• to assert any claims against you,
• for direct advertising for own similar goods and services,
• to stabilise or expand the relationship with you for the future,
• for ensuring the security of our IT systems and for defence against damage.

4. on what legal basis is the data collected?

The processing of your contact and inventory data as well as your bank details is carried out upon your request or your commissioning and is necessary for the appropriate fulfilment of the service and for the mutual fulfilment of obligations arising from the contractual relationship in accordance with Art. 6 (1) sentence 1 lit. b DSGVO for the aforementioned purposes. The processing of your data in the context of direct advertising for our own similar goods and services as well as customer loyalty measures, for the assertion of any claims against you and for ensuring the security of our IT systems and for the defence against damage is necessary according to Art. 6 para. 1 sentence 1 lit. f DSGVO due to our legitimate interest.

Otherwise, your data will only be processed if you have given your express consent in accordance with Art. 6 Para. 1 Sentence 1 lit. a DSGVO or if this is necessary for us to fulfil a legal obligation in accordance with Art. 6 Para. 1 Sentence 1 lit. c DSGVO.
 

5. who are the recipients of the data?

a) Employees and processors of our company Employees of our company have access to your personal data to the necessary extent in order to fulfil the purposes listed in section 3.

Furthermore, we use service providers who support us in data processing within the scope of order processing. Your personal data will only be disclosed to employees and processors of our company insofar as they are entrusted with the processing of the contractual relationship with you. This includes in particular the following departments: Sales, Customer Service, Purchasing, Finance, Order Processing, Sales Controlling and the Legal Department as well as sales partners who support us in the provision and distribution of our goods and our service.

Employees of our company also have access to your personal data insofar as they are entrusted with direct advertising for our own similar goods and services or customer loyalty measures. This includes in particular the following departments: Marketing, Sales and Customer Care.

Furthermore, employees and contract processors of our company have access to your personal data insofar as this is necessary for the technical administration, maintenance of servers and computers, the parameterisation and mainte
nance of software, system migration and storage. This includes in particular the IT department and IT service providers commissioned for this purpose as well as external data centres.
Schließlich haben Mitarbeiter und Auftragsverarbeiter Zugriff auf Ihre personenbezogenen Daten, soweit diese mit der Archivierung oder Vernichtung von Akten und Löschung von Daten betraut sind.

The transfer of your data within the framework of the processing of the contractual relationship is carried out in accordance with Art. 6 Para. 1 S. 1 b. DSGVO, insofar as this is necessary for the fulfilment of the contract.

The disclosure of your data in the context of direct advertising for our own similar goods and services, customer loyalty measures and technical administration, maintenance of servers and computers, parameterisation and maintenance of software as well as system migration and storage is necessary in accordance with Art. 6 para. 1 sentence 1 lit. f DSGVO to protect our legitimate interests, unless there is reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data. Our legitimate interest results from the purposes listed above and lies in maintaining the functionality of the website and ensuring the security and availability of our IT systems.

The disclosure of your data in the context of archiving or destruction of files and deletion of data is necessary for the fulfilment of a legal obligation according to Art. 6 para. 1 p. 1 lit. c DSGVO.

b) Third parties

Your personal data will not be transferred to third parties for purposes other than those listed below.

We will only share your personal data with third parties if

• you have given your express consent to this in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO,
• this is necessary for the processing of the contractual relationship in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO. This includes, in particular, the disclosure to production companies, storage companies, forwarding agents, customs clearance agencies, courier services that handle delivery as part of the order, graphic data service providers, to dual systems, service providers and waste disposal partners as well as courts and other public authorities and persons in good standing for the purpose of correspondence, to fulfil your obligations and to assert and defend your rights or to banks to carry out direct debit procedures;
• this is necessary in accordance with Art. 6 para. 1 p. 1 lit. c DSGVO for the fulfilment of a legal obligation by us. This includes the disclosure to accounting software service providers, tax consultants and auditors to ensure and verify our obligations, such as accounting in accordance with legal requirements;
• this is necessary in accordance with Art. 6 (1) p. 1 lit. f DSGVO to protect our legitimate interests or those of a third party and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data.

This includes the disclosure to information files for the determination of default risks as well as courts and other public authorities and lawyers for the assertion, exercise or defence of legal claims.

This also includes the transfer to distribution partners and other companies that support us in the distribution of our products.

The data disclosed may be used by the third party exclusively for the purposes stated.

6. how long will the data be stored?

The data collected from you for the creation of an offer according to section 2 lit. a) will be deleted after 24 months if the offer does not lead to the conclusion of a contract. Unless you have expressly agreed to a longer storage of your personal data according to Art. 6 para. 1 lit. a DSGVO.

The personal data collected by us upon conclusion of a contract pursuant to section 2 lit. b) will be stored until the expiry of the statutory retention obligation for services (3 years after the end of the calendar year in which the contract was terminated) and then deleted, unless we are obliged to store the data for a longer period pursuant to Article 6 para. 1 S. 1 lit. c DSGVO, we are obliged to store the data for a longer period of time due to tax and commercial law retention and documentation obligations (from HGB, StGB or AO) or you have consented to storage beyond this period of time in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO.
 

7. data subject rights

You have the right:

• to request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
• demand the correction of incorrect or incomplete personal data stored by us without delay in accordance with Art. 16 DSGVO;
• pursuant to Art. 17 DSGVO to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
• to request the restriction of the processing of your personal data in accordance with Art. 18 DSGVO, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defence of legal claims or you have objected to the processing in accordance with Art. 21 DSGVO;
• pursuant to Art. 20 DSGVO to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller;
• complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters.

8. rights of revocation or objection

If your personal data is processed on the basis of consent pursuant to Section 6 (1) sentence 1 lit. 1 DSGVO, you have the right to revoke your consent at any time pursuant to Article 7 (3) DSGVO. This has the consequence that we may no longer continue the data processing based on this consent in the future.

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, provided that there are grounds for doing so that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which is implemented by us without specifying a particular situation.

If you would like to exercise your right of revocation or objection, simply send an e-mail to datenschutz@bagobag.com.

9. data security

We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

10. up-to-dateness and amendment of this data protection notice

This data protection notice is currently valid and has the status January 2021.

Due to changes in legal or official requirements, it may become necessary to amend this data protection notice. You can access and print out the current data protection information at any time on the website under www.bagobag.com/hinweise-zum-datenschutz.html.

11. questions to the data protection officer

If you have any questions about data protection, please email us at datenschutz@bagobag.com or contact us by post:

Datenschutzbeauftragte der bagobag GmbH
Berliner Str. 69
13189 Berlin