Home » Data Privacy Statement

Data Privacy Statement

Privacy Policy

Introduction

The protection of your data is important. As a result, and in order to comply with all of our legal obligations to provide information and clarification, we at Auktionshaus am See GmbH would like to inform you (hereinafter we will also refer to you as ‘customer’, ‘user’, ‘you’, or ‘data subject’) about how we process your data and what rights you have with regard to data processing.

Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 GDPR). With this declaration (hereinafter: ‘data policy’), we inform you about the way in which your personal data is processed by us.

Our data policy is modular in structure. It consists of a general part for all processing of personal data and processing situations that come into play each time a website is called up (A. General) and a special part, whose content relates in each case only to the processing situation specified therein with designation of the respective offer or product, in particular the visit to websites specified therein in more detail (B. Visit to websites).

A. General

(1) Definitions

Following the model of Art. 4 GDPR, this data policy is based on the following definitions:

– ‘Personal data’ (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person (‘data subject’). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information regarding his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photos, video or audio recordings can also contain personal data).

– ‘Processing’ (Art. 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e. acquisition), recording, organisation, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended purpose on which a data processing was originally based.

– ‘Controller’ (Art. 4 No. 7 GDPR) means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.

– ‘Third party’ (Art. 4 No. 10 GDPR) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the personal data; this also includes other group-affiliated legal entities.

– ‘Processor’ (Art. 4 No. 8 GDPR) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller’s instructions (e.g. IT service provider). In the sense of data protection law, a processor is in particular not a third party.

– ‘Consent’ (Art. 4 No. 11 GDPR) of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement 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.

(2) Name and address of the controller

The controller of your personal data within the meaning of Art. 4 No. 7 GDPR is us:

Auktionshaus am See GmbH

Beethovenstraße 1 b

78464 Constance

Germany

Phone: +49 7531 361 362 6

Telefax: +49 7531 350 499 8

Email: info@auktionshausamsee.de

For further information on our company, please refer to the imprint details on our website.

(3) Contact details of the data protection officer

If you have any questions and as a contact person on the subject of data protection at our company, our company data protection officer is available to you at all times. Contact details:

Auktionshaus am See GmbH

Beethovenstraße 1 b

78464 Constance

Germany

Email: info@auktionshausamsee.de

(4) Legal basis for data processing

In principle, any processing of personal data is prohibited by law and only permitted if the data processing falls under one of the following justifications:

– Art. 6 Para. 1 S. 1 lit. a GDPR (‘consent’): Where the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous affirmative act that he or she consents to the processing of personal data relating to him or her for one or more specified purposes;

– Art. 6 Para. 1 S. 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the data subject’s request;

– Art. 6 Para. 1 S. 1 lit. c GDPR: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);

– Art. 6 Para. 1 S. 1 lit. d GDPR: If the processing is necessary to protect vital interests of the data subject or another natural person;

– Art. 6 Para. 1 S. 1 lit. e GDPR: If processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or

– Art. 6 Para. 1 S. 1 lit. f GDPR (‘Legitimate Interests’): Where processing is necessary for the purposes of legitimate (in particular legal or economic) interests of the controller or a third party, unless such interests are overridden by the conflicting interests or rights of the data subject (in particular where the data subject is a minor).

For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.

(5) Data erasure and storage period

For each processing operation we carry out, we indicate below how long the data will be stored by us and when it will be erased or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers in Germany, subject to a possible transfer in accordance with the regulations in A.(7) and A.(8).

However, storage may take place beyond the specified time in the event of an (imminent) legal dispute with you or other legal proceedings or if storage is required by legal regulations to which we are subject as the responsible party (e.g. Section 257 of the German Commercial Code [Handelsgesetzbuch, HGB], Section 147 of the German Tax Code [Abgabenordnung, AO]). If the storage period stipulated by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

(6) 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 (e.g. by using TSL encryption for our website), taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

We are happy to provide you with more detailed information on request. For this, please contact our data protection officer (see under A.(3)).

(7) Cooperation with processors

As with any larger company, we also use external domestic and foreign service providers to process our business transactions (e.g. for the areas of IT, logistics, telecommunications, sales and marketing). These service providers only act on our instructions and have been contractually obliged to comply with data protection regulations in accordance with Article 28 of the GDPR.

If personal data from you is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

(8) Prerequisites for the transfer of personal data to third countries

In the course of our business relationships, your personal data may be transferred or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing will only take place to fulfil contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer in the relevant sections below.

The European Commission certifies to some third countries, through so-called adequacy decisions, a level of data protection that is comparable to the EEA standard (a list of these countries as well as a copy of the adequacy decisions can be found here: https://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is sufficiently guaranteed. This is possible through binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates or recognised codes of conduct. Please contact our data protection officer (see under A.(3)) if you like to receive more detailed information on this.

(9) No automated decision-making (including profiling)

We do not intend to use any personal data collected from you for any automated decision-making process (including profiling).

(10) No obligation to provide personal data

We do not make the conclusion of contracts with us dependent on you providing us with personal data beforehand. As a customer, you are not under any legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.

(11) Legal obligation to provide certain data

We may be subject to a specific legal or statutory obligation to provide lawfully processed personal data to third parties, in particular to public bodies (Art. 6 Para. 1 S. 1 lit. c GDPR).

(12) Your rights

You can assert your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of A.(2). As a data subject, you have the right

– to request information about your data processed by us in accordance with Art. 15 of the GDPR. In particular, you can request information about the processing purposes, the category of 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 about the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;

– in accordance with Art. 16 of the GDPR, to request the correction of incorrect data or the completion of data stored by us without delay;

– pursuant to Article 17 of the GDPR, to request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of speech and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;

– in accordance with Art. 18 GDPR, to request the restriction of the processing of your data, insofar as the accuracy of the data is disputed by you or the processing is unlawful;

– pursuant to Art. 20 GDPR, to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller (“data portability”);

– object to the processing in accordance with Art. 21 of the GDPR, provided that the processing is based on Art. 6 Para. 1 S. 1 lit. e or lit. f of the GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the situation and either discontinue or adjust the data processing or present to you our compelling legitimate grounds on the basis of which we will continue the processing;

– in accordance with Art. 7 Para. 3 GDPR, to revoke your consent given once (also before the GDPR came into force, i.e. before 25.5.2018) – i.e. your voluntary will, made comprehensible in an informed and unambiguous manner by a declaration or other unambiguous confirming act, that you agree to the processing of the respective personal data for one or more specific purposes – at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing based on this consent in the future; and

– to complain to a data protection supervisory authority about the processing of your personal data in our company in accordance with Art. 77 of the GDPR, such as the data protection supervisory authority responsible for us: State Commissioner for Data Protection and Freedom of Information (Landesbeauftragte für den Datenschutz und die Informationsfreiheit, LfDI) in Baden-Württemberg, reachable at Königstraße 10a, 70173 Stuttgart, Germany, phone: +49 711 615541-0; fax: +49 711 615541-15; email: poststelle@lfdi.bwl.de; internet: https://www.baden-wuerttemberg.datenschutz.de.

(13) Changes to the data policy

In the context of the further development of data protection law as well as technological or organisational changes, our data policy is regularly reviewed to determine whether it needs to be adapted or supplemented. You will be informed of any changes in particular on our German website at www.auktionshausamsee.de. Status of the data policy: March 2021.

B. Visiting of websites

(1) Explanation of the function

You can obtain information about our company and the services we offer in particular at www.auktionshausamsee.de together with the associated sub-pages (hereinafter collectively referred to as ‘websites’). When you visit our websites, personal data may be processed.

(2) Processed personal data

During the informational use of the Websites, the following categories of personal data are collected, stored and processed by us:

‘log data’: When you visit our websites, a so-called protocol data record (so-called server log files) is stored temporarily and anonymously on our web server. This record consists of:

– the page from which the page was requested (the so-called referrer URL)

– the name and URL of the requested page

– the date and time of the request

– the description of the type, language and version of the web browser used

– the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established

– the amount of data transferred

– the operating system

– the information as to whether the request was successful (access status / http status code)

– the GMT time zone difference

‘Contact form data’: When contact forms are used, the data transmitted through them are processed (e.g. gender, surname and first name, address, company, email address and the time of transmission).

In addition to the purely informational use of our website, we offer the option of subscribing to our newsletter, in which we inform you about current auctions and other events. If you subscribe to our newsletter, the following ‘newsletter data’ will be collected, stored and processed by us:

– the page from which the page was requested (the so-called referrer URL)

– the date and time of the request

– the description of the type of web browser used

– the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established

– the email address

– the date and time of registration and confirmation.

We would like to point out that we evaluate your user behaviour when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. For the evaluations, we link the aforementioned data and the web beacons with your email address and an individual ID. Links contained in the newsletter also contain this ID. The data is only collected pseudonymously, i.e. the IDs are not linked to your other personal data, a direct personal reference is excluded.

(3) Purpose and legal basis of data processing

We process the personal data specified above in accordance with the provisions of the GDPR and other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 Para. 1 S. 1 lit. f GDPR, the aforementioned purposes also represent our legitimate interests.

The processing of log data serves statistical purposes and the improvement of the quality of our website, in particular of the stability and security of the connection (legal basis is Art. 6 Para. 1 S. 1 lit. f GDPR).

Contact form data is processed for the purpose of handling customer enquiries (legal basis is Art. 6 Para. 1 S. 1 lit. b or lit. f GDPR).

Newsletter data is processed for the purpose of sending the newsletter. When registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 Para. 1 lit. a GDPR). When you register for our newsletter, we use the so-called double opt-in procedure. This means that after your registration, we will send you an email to the email address you provided, in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data. You can revoke your consent to receive the newsletter and unsubscribe at any time. You can declare the revocation by clicking on the link provided in every newsletter email, by email to info@auktionshausamsee.de or by sending a message to the contact details provided in the imprint.

If you have subscribed to the newsletter, personal data will be transferred to the following third country: USA. The following measures have been taken to ensure that the level of data protection guaranteed by the GDPR is not undermined: Mailchimp operates under standard contractual clauses which ensure the protection of the GDPR rules (Mailchimp contractually commits to transfer and process all of its users’ wiss, EU, and UK data in compliance with the Standard Contractual Clauses, which remain a valid data export mechanism and which automatically apply in accordance with Mailchimp’s Data Processing Addendum; for more information see https://mailchimp.com/de/gdpr/ and https://mailchimp.com/help/mailchimp-european-data-transfers/ and https://mailchimp.com/legal/data-processing-addendum/).

(4) Duration of data processing

Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases stated in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please refer to point A.(5) as well as to the Cookie Policy [link to Cookie Policy].

Third parties commissioned by us will store your data on their system for as long as is necessary in connection with the provision of services for us in accordance with the respective order.

You can find more details on the storage period under A.(5) and the Cookie Policy.

(5) Transfer of personal data to third parties; justification basis

The following categories of recipients, which are usually order processors (see A.(7)), may receive access to your personal data:

– Service providers for the operation of our website and the processing of data stored or transmitted by the respective systems (e.g. for data centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 Para. 1 S. 1 lit. b or lit. f GDPR, insofar as it is not a matter of order processors;

– Government agencies/authorities, insofar as this is necessary for the fulfilment of a legal obligation. The legal basis for the transfer is then Art. 6 Para. 1 S. 1 lit. c GDPR;

– Persons appointed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, etc.). The legal basis for the transfer is then Art. 6 Para. 1 S. 1 lit. b or lit. f GDPR.

With regard to the guarantees of an adequate level of data protection in the event of a transfer of data to third countries, see A.(8).

In addition, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 Para. 1 S. 1 lit. a of the GDPR.

(6) Use of cookies, plugins and other services on our website

a) Cookies

We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive by means of a characteristic character string and through which certain information is fed to the body that sets the cookie. Cookies cannot execute programmes or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the internet offer as a whole more user-friendly and effective, i.e. more pleasant for you.

Cookies may contain data that make it possible to recognise the device used. In some cases, however, cookies only contain information on certain settings that cannot be related to individuals. However, cookies cannot directly identify a user.

A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, cookies can be distinguished as follows:

– Technical cookies: Technical cookies are essential to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages you have visited;

– Performance cookies: Performance cookies collect information about how you use our website, which pages you visit and, for example, whether errors occur during the use of the website; they do not collect information that could identify you – all information collected is anonymous and is only used to improve our website and find out what interests our users;

– Advertising cookies, targeting cookies: Advertising cookies and targeting cookies are used to offer website users tailored advertising on the website or offers from third parties and they are used to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;

– Sharing cookies: Sharing cookies are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.

Any use of cookies that is not strictly technically necessary constitutes data processing that is only permitted with your explicit and active consent pursuant to Art. 6 Para. 1 S. 1 lit. a GDPR. This applies in particular to the use of advertising, targeting or sharing cookies. Furthermore, we only pass on your personal data processed by cookies to third parties if you have given your express consent to do so in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR.

b) Cookie policy

For more information about which cookies we use and how you can manage your cookie settings and disable certain types of tracking, please see our Cookie Policy.

c) Social media plugins

We do not use social media plugins on our websites. If our websites contain icons from social media providers (e.g. Instagram, Facebook and LinkedIn), we only use these for passive linking to the pages of the respective providers.

Cookie Policy

When you visit our website, we inform you in our ‘cookie banner’ that we use cookies. By using our website, you consent to our use of cookies. We would like to inform you below about which cookies we use and how you can prevent our cookies from being set.

Lot-tissimo.com

https://www.lot-tissimo.com/de-de/about-us/legal/cookie-policy

In general:

You can object to the use of cookies that are used for reach measurement and advertising purposes using the deactivation page of the Network Advertising Initiative (https://optout.networkadvertising.org/) and additionally the US website https://www.aboutads.info/choices or the European website https://www.youronlinechoices.com/uk/your-ad-choices/.

The following links will provide you with further information on how to deactivate cookies or make special settings for the most popular browsers:

https://www.google.com/intl/en/policies/technologies/managing/

http://support.mozilla.com/en-GB/kb/Cookies#w_cookie-settings

http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies/

http://www.apple.com/safari/features.html#security