Privacy Policy

1. introduction

With the following information, we would like to give you as a “data subject” an overview of the processing of your personal data by us and your rights under the data protection laws. In principle, it is possible to use our website without entering personal data. However, if you want to use special services of our enterprise via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.

The processing of personal data, such as your name, address or e-mail address, is always in line with the German Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to “0 Schulungsmandant CerDat GmbH”. By means of this data protection declaration, we would like to inform you about the scope and purpose of the personal data collected, used and processed by us.

As the controller, we have implemented numerous technical and organisational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are also free to transmit personal data to us by alternative means, for example by telephone or by post.

You too can take simple and easy-to-implement measures to protect yourself against unauthorised access to your data by third parties. Therefore, we would like to give you some tips on how to handle your data securely:

l Protect your account (login, user or customer account) and your IT system (computer, laptop, tablet or mobile device) with strong passwords.

l Only you should have access to the passwords.

l Make sure that you only ever use your passwords for one account (login, user or customer account).

l Do not use one password for different websites, applications or online services.

l Especially when using publicly accessible IT systems or IT systems shared with other people, it is essential that you log out after each login to a website, application or online service.

Passwords should consist of at least 12 characters and be chosen so that they cannot be easily guessed. Therefore, they should not contain common words from everyday life, one’s own name or names of relatives, but upper and lower case, numbers and special characters.

2. person in charge

The responsible person within the meaning of the GDPR is:

PVS eSolutions GmbH

Heinz-Nixdorf-Str. 2
74172 Neckarsulm
Phone: +49 (0) 7132 969 202
sales@pvs-europe.com
https://fly-commerce.de/en/

Managing Director: Ulrich Beck

3. data protection officer

You can reach the Data Protection Officer as follows:

E-mail: datenschutz@pvs-europe.com

You can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.

4. definitions

The data protection declaration is based on the terms used by the European Directive and Ordinance Maker when enacting the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this privacy policy:

4.1. personal data

Personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

4.2. person concerned

Data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company).

4.3. processing

Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4.4. restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

4.5 Profiling

Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

4.6. pseudonymisation

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

4.7. processors

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

4.8. receiver

A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

4.9. third party

Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.

4.10. consent

Consent means any freely given and informed indication of the data subject’s wishes in the form of a declaration or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

5. legal basis of the processing

Art. 6 para. 1 lit. a) GDPR (in conjunction with § 25 para. 1 TTDSG) serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose.

If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 (1) (b) of the GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services.

If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 para. 1 lit. c) GDPR.

In rare cases, the processing of personal data might be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6 para. 1 lit. d) GDPR.

Ultimately, processing operations could be based on Art. 6(1)(f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if you are a customer of our company (recital 47 sentence 2 GDPR).

Our offer is basically aimed at adults. Persons under 16 years of age may not transmit any personal data to us without the consent of their parents or legal guardians. We do not request personal data from children and young people, do not collect it and do not pass it on to third parties.

6. web analysis

6.1 WordPress Stats – Jetpack

This website uses the WordPress tool “WordPress Stats” provided by Jetpack to statistically analyse visitor traffic. The provider is Automattic Inc, 60 29th Street #343, San Francisco, CA 94110-4929, USA. The operating company uses the tracking technology of Quantcast Inc, 201 Third Street, San Francisco, CA 94103, USA.

Jetpack uses cookies that are stored on your computer and allow WordPress Stats to analyse the use of the website. The information generated by the cookies about the use of our website is stored on servers in the USA. Your IP address is anonymised after processing and before storage.

The cookies remain on your terminal device until you delete them.

These processing operations are only carried out when explicit consent is given in accordance with Art. 6 para. 1 lit. a) GDPR.

This US company is certified under the EU-US Data Privacy Framework. There is hereby an adequacy decision pursuant to Art. 45 GDPR, so that a transfer of personal data may also take place without further guarantees or additional measures.

You can view Jetpack’s privacy policy at: https://jetpack.com/support/privacy/.

6.2. Google Analytics

On our websites, we use Google Analytics, a web analytics service provided by Google Ireland Limited (https://www.google.de/intl/de/about/) (Gordon House, Barrow Street, Dublin 4, Ireland; hereinafter “Google”). In this context, pseudonymised usage profiles are created and cookies (see item “Cookies”) are used. The information generated by the cookie about your use of this website such as the

browser type/version,
operating system used,
referrer URL (the previously visited website),
host name of the accessing computer (IP address),
time of the server request,

are sent to and stored on a server hosted by Google Inc. in the USA. The information is used to evaluate the use of the website, to compile reports on advertising activities and to provide further services associated with the use of the website and of the Internet for the purposes of market research and demand-oriented design of these Internet pages. This information may also be transferred to third parties, provided this is legally required, or to the extent that such third parties process the information. Under no circumstances will your IP address be merged with other data from Google. The IP address is rendered anonymous so that an assignment is not possible (so-called IP masking).

You can adjust the settings of your browser to prevent the installation of cookies; however, we would like to point out that you may then not be able to use all the features of this website.

These processing operations are only carried out when explicit consent is given in accordance with Art. 6 Para. (1) lit. a GDPR, Section 25 Para. 1 P. 1 TTDSG.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking this link to disable Google Analytics. This sets an opt-out cookie, which prevents any future collection of your data when visiting this website. The opt-out cookie applies only in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

The transfer of data to the USA is based on the standard contractual clauses of the EU Commission. You can see details here:

https://privacy.google.com/businesses/gdprcontrollerterms/

For information on the handling of user data, please refer to Google’s privacy policy: https://policies.google.com/privacy?hl=de.

Further information on data protection in connection with Google Analytics can be found in the Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=de).

7. plugins and other services

7.1 Jetpack for WordPress

We have integrated the Jetpack plugin on our website. The operating company of the Jetpack plugin for WordPress is Automattic Inc, 132 Hawthorne Street, San Francisco, CA 94107, USA. The operating company in turn uses the tracking technology of Quantcast Inc, 201 Third Street, San Francisco, CA 94103, USA.

Jetpack sets a cookie on your IT system. Each time you access one of the individual pages of this website on which a Jetpack component has been integrated, the Internet browser on your IT system is automatically triggered by the respective Jetpack component to transmit data to Automattic for analysis purposes. As part of this technical procedure, Automattic obtains knowledge of data that is used to create an overview of website visits. This data is analysed with the aim of optimising our website. The data collected via the Jetpack component will not be used to identify you without your prior express consent. The data is also used by Quantcast for the same purposes as Automattic.

These processing operations are only carried out if express consent has been given in accordance with Art. 6 (1) a) GDPR.

Automattic’s applicable privacy policy is available at https://automattic.com/privacy/. Quantcast’s applicable privacy policy is available at https://www.quantcast.com/privacy/.

8. transmission of data to 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:

1. you have given us your express consent to do so in accordance with Art. 6 (1) a) GDPR,

2. the disclosure is permissible in accordance with Art. 6 (1) f) GDPR to protect our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,

3. in the event that a legal obligation exists for the disclosure pursuant to Art. 6 (1) c) GDPR, as well as

4. this is legally permissible and necessary according to Art. 6 para. 1 lit. b) GDPR for the processing of contractual relationships with you.

Within the scope of the processing operations described in this privacy policy, personal data may be transferred to the USA. Companies in the USA only have an adequate level of data protection if they have certified themselves under the EU-US Data Privacy Framework and thus the adequacy decision of the EU Commission pursuant to Article 45 of the GDPR applies. We have explicitly mentioned this in the privacy policy for the service providers concerned. To protect your data in all other cases, we have concluded commissioned processing agreements based on the European Commission’s standard contractual clauses. If the standard contractual clauses are not sufficient to establish an adequate level of security, your consent can serve as the legal basis for the transfer to third countries in accordance with Article 49 (1) a) of the GDPR. This may not apply to data transfers to third countries for which the European Commission has issued an adequacy decision pursuant to Article 45 of the GDPR.

9. technology

9.1 SSL/TLS encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact enquiries that you send to us as the operator. You can recognise an encrypted connection by the fact that there is a “https” instead of a “http” in the address line of the browser and by the lock symbol in your browser line.

We use this technology to protect your transmitted data.

9.2 Data collection when visiting the website

When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (in so-called “server log files”). Our website collects a series of general data and information each time you or an automated system access a page. This general data and information is stored in the server log files. The following can be recorded

1. Browser types and versions used,

2. the operating system used by the accessing system,

3. the website from which an accessing system arrives at our website (so-called referrer),

4. the sub-websites which are accessed via an accessing system on our website,

5. the date and time of access to the website,

6. an abbreviated internet protocol address (anonymised IP address) as well as,

7. the Internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is required in order to

1. to deliver the contents of our website correctly,

2. to optimise the content of our website and the advertising for it,

3. to ensure the permanent operability of our IT systems and the technology of our website, and

4. to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.

Therefore, the data and information collected will be evaluated by us, on the one hand, statistically and, on the other hand, with the aim of increasing the data protection and data security of our enterprise so as to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

The legal basis for data processing is Art. 6 para. 1 lit. f) GDPR. Our legitimate interest follows from the data collection purposes listed above.

9.3 Hosting through Amazon Web Services – AWS

We host our form emails on Amazon Web Services (AWS). The provider is Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, 1855 Luxembourg.

When you use our forms, your personal data is processed on AWS servers. This may also involve the transfer of personal data to the parent company of AWS in the US. The data transfer to the USA is based on the EU standard contractual clauses. Details can be found at: https://aws.amazon.com/de/blogs/security/aws-gdpr-data-processing-addendum/.

The use of AWS is based on Art. 6 para. 1 lit. f) GDPR. We have a legitimate interest in ensuring that our website is presented as reliably as possible.

We have concluded an order processing contract with AWS. This is a contract required by data protection law, which ensures that AWS only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

For more information on AWS’s privacy policy, please visit: https://aws.amazon.com/de/privacy/?nc1=f_pr

10. cookies

10.1 Borlabs Cookie (Consent Management Tool)

We use the WordPress cookie plugin “Borlabs Cookie” from Borlabs GmbH, Rübenkamp 32, 22305 Hamburg, Germany. This service enables us to obtain and manage the consent of website users for data processing.

Borlabs Cookie uses cookies to collect data generated by end users who use our website. When an end user provides consent, the following data, among others, is automatically logged:

l Cookie runtime,

l Cookie version,

l Domain and path of the WordPress page,

l Selection in the Cookie Banner,

l UID (a randomly generated ID),

The consent status is also stored in the end-user’s browser so that the website can automatically read and follow the end-user’s consent in all subsequent page requests and future end-user sessions for up to 12 months. Consent data (consent and withdrawal of consent) is stored for three years. The retention period corresponds to the regular limitation period according to § 195 BGB. The data is then deleted immediately.

The functionality of the website is not guaranteed without the described processing. There is no possibility for the user to object as long as there is a legal obligation to obtain the user’s consent to certain data processing operations, Art. 7 para. 1, 6 para. 1 p. 1 lit. c) GDPR.

The data collected is neither forwarded to Borlabs GmbH nor does it receive access to it.

You can find more information at: https://de.borlabs.io/borlabs-cookie/.

11. contents of our website

11.1 Contact / Contact form

When contacting us via the contact form, the following personal data is collected: Company, first name, last name, e-mail and telephone number.

This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 Para. 1 lit. f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and the deletion does not conflict with any statutory retention obligations.

12. our activities in social networks

So that we can also communicate with you in social networks and inform you about our services, we are represented there with our own pages. If you visit one of our social media pages, we are jointly responsible for the processing operations triggered by this, within the meaning of Art. 26 GDPR, with the provider of the respective social media platform.

We are not the original provider of these pages, but only use them within the scope of the possibilities offered to us by the respective providers.

As a precaution, we therefore point out that your data may also be processed outside the European Union or the European Economic Area. Use may therefore be associated with data protection risks for you, as it may be more difficult to protect your rights, e.g. to information, deletion, objection, etc., and the processing in the social networks often takes place directly for advertising purposes or for the analysis of user behaviour by the providers, without this being able to be influenced by us. If usage profiles are created by the provider, cookies are often used or the usage behaviour is assigned to your own member profile of the social networks.

The described processing of personal data is carried out in accordance with Art. 6 para. 1 lit. f) GDPR on the basis of our legitimate interest and the legitimate interest of the respective provider in order to be able to communicate with you in a timely manner or to inform you about our services. If you have to give your consent to data processing as a user with the respective providers, the legal basis refers to Art. 6 para. 1 lit. a) GDPR in conjunction with Art. 7 GDPR. Art. 7 GDPR.

As we do not have access to the providers’ databases, we would like to point out that it is best to exercise your rights (e.g. to information, correction, deletion, etc.) directly with the respective provider. Further information on the processing of your data in the social networks is listed below under the respective social network provider used by us:

12.1 LinkedIn

(Co-) Responsible for data processing in Europe:

LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland

https://www.linkedin.com/legal/privacy-policy

12.2 Instagram

(Co-) responsible for data processing in Germany:
Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

13. your rights as a data subject

13.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data relating to you is being processed.

13.2 Right of access Art. 15 GDPR

You have the right to receive information from us at any time and free of charge about the personal data stored about you, as well as a copy of this data in accordance with the statutory provisions.

13.3 Right of rectification Art. 16 GDPR

You have the right to request the rectification of inaccurate personal data concerning you. You also have the right to request that incomplete personal data be completed, taking into account the purposes of the processing.

13.4 Deletion Art. 17 GDPR

You have the right to demand that we delete the personal data relating to you without delay, provided that one of the reasons provided for by law applies and insofar as the processing or storage is not necessary.

13.5 Restriction of processing Art. 18 GDPR

You have the right to demand that we restrict processing if one of the legal requirements is met.

13.6 Data portability Art. 20 GDPR

You have the right to receive the personal data concerning you, which has been provided to us by you, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from us to whom the personal data has been provided, provided that the processing is based on consent pursuant to Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR or on a contract pursuant to Article 6 (1) (b) of the GDPR and the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Furthermore, when exercising your right to data portability pursuant to Article 20(1) of the GDPR, you have the right to have the personal data transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.

13.7 Objection Art. 21 GDPR

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6(1)(e) (data processing in the public interest) or (f) (data processing on the basis of a balance of interests) of the GDPR.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or where the processing is for the establishment, exercise or defence of legal claims.

In individual cases, we process personal data in order to carry out direct advertising. You may object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is connected with such direct advertising. If you object to us processing your personal data for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, 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 by us for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.

You are free to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

13.8 Revocation of consent under data protection law

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

13.9 Complaint to a supervisory authority

You have the right to complain about our processing of personal data to a supervisory authority responsible for data protection.

14 Routine storage, deletion and blocking of personal data

We process and store your personal data only for the period of time necessary to achieve the purpose of storage or if this has been provided for by the legal provisions to which our company is subject.

If the purpose of storage no longer applies or if a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

15. duration of the storage of personal data

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.

16. up-to-dateness and amendment of the privacy policy

This privacy policy is currently valid and has the status: September 2023.

Due to the further development of our internet pages and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection declaration at any time on the website at https://fly-commerce.de/en/privacy-policy/.