Imprint & Privacy Information

Data Privacy

According to § 5 TMG (German Teleservices Act):

 

Legal information

You can reach us from Monday to Friday from

10 to 13 o’clock and

14 to 17 o’clock

niyok.de is an offer of:
Niyok GmbH
Rohrdamm 88
13629 Berlin
Telephone: +49 176 43473905
E-Mail: kontakt@niyok.de

 

Bank details:

receiver: Niyok GmbH

account number: 0190 7314 94
bank code: 1005 0000
bank: Berliner Sparkasse
IBAN: DE35 1005 0000 0190 7314 94
BIC: BELADE BEXXX

(authorised to solely represent) Managing Director:
John Peitschner & Carlo Hanuszkiewicz
Registered at the district court Charlottenburg HRB 196328 B
Tax number: 29/457/31450
VAT ID: DE 318 086 459

Responsible for own content of Niyok GmbH according to § 55 RStV (Interstate Broadcasting Agreement): Carlo Hanuszkiewicz

 

Alternative dispute resolution pursuant to Art. 14 par. 1 ODR-VO and § 36 VSBG:

The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr. We are ready to participate in an out-of-court dispute resolution.

 

Data protection

This privacy policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as „Data“) within our online offering and the related websites, features and content, as well as external online presence, e.g. our social media profiles. (collectively referred to as „online offer“). With regards to the used terminology, e.g. „Processing“ or „Responsible“ we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

 

Responsible

Niyok GmbH

Rohrdamm 88

13629 Berlin

Telephone: +49 176 43473905

E-Mail: kontakt@niyok.de

 

Types of processed data:
Inventory data (e.g., names, addresses).
– Contact information (e.g., E-Mail, phone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta / communication data (e.g., device information, IP addresses).

 

Categories of affected persons

Visitors and users of the online offer (hereinafter we refer to the affected persons as „users“).

 

Purpose of processing
Providing online offers, its functions and contents.
– Answering contact requests and communicating with users.
– Safety measures.
– Audience measurement / Marketing

 

Used terms

„Personal data“ means any information relating to an identified or identifiable natural person (hereinafter the „data subject“); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (e.g. cookie) or to one or more special features, are the expression of the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.

„Processing“ means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term covers a wide range and covers practically every handling of data.

‚Responsible person‘ means the natural or legal person, public authority, body or body which, alone or in concert with others, decides on the purposes and means of processing personal data.

 

Relevant legal bases

In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the answer to inquiries is Art. 6 par. 1 lit. b GDPR, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 par. 1 lit. d GDPR as legal basis.

 

Collaboration with processors and third parties

If in the context of our processing, we disclose data to other persons and companies (processors or third parties), transmit them to them or otherwise grant access to the data, this is done only on the basis of a legal permission (eg if a transmission of the data to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) GDPR), you have consented to a legal obligation or on the basis of our legitimate interests (e.g. the use of agents, webhosters, etc.).

Insofar as we commission third parties to process data on the basis of a so-called „contract processing contract“, this is done on the basis of Art. 28 GDPR.

 

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special requirements of Art. 44 et seq. GDPR. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (e.g.for the US through the privacy shield) or compliance with officially recognized special contractual obligations (so-called „standard contractual clauses“).

 

Rights of data subjects

You have the right to request a confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, they have the right to demand that the relevant data be deleted without delay, or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.

You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other responsible persons.

You have according to Art. 77 GDPR the right to file a complaint with the competent supervisory authority.

 

Right of withdrawal

You have the right to cancel the consent according to. Art. 7 par. 3 GDPR with effect for the future.

 

Right of objection

You may at any time object to the future processing of your data in accordance with Art. 21 GDPR. The objection may in particular be made against processing for direct marketing purposes.

 

Cookies and right to object to direct mail

„Cookies“ are small files that are stored on users‘ computers. Different information can be stored within the cookies. A cookie serves primarily to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or „session cookies“ or „transient cookies“, are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart are stored in an online store or a login jam. „Permanent“ or „persistent“ refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A „third-party cookie“ refers to cookies that are offered by providers other than the person responsible for providing the online offer (otherwise, if only their cookies are called „first-party cookies“).

We can use temporary and permanent cookies and clarify this in the context of our privacy policy.

If users do not want cookies stored on their machine, they will be asked to disable the option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be found in a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that not all features of this online offer may be used.

 

Deletion of data

The data processed by us are deleted or limited in their processing in accordance with Articles 17 and 18 GDPR. Unless explicitly stated in this privacy statement, the data stored by us will be deleted as soon as they are no longer necessary for their intended purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is deleted because it is required for other and legally permitted purposes, its processing will be restricted. That the data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons.

According to legal requirements in Germany, the storage takes place in particular for 6 years according to § 257 par. 1 HGB (trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting documents, etc.) and for 10 years according to § 147 par. 1 AO (books, records , Management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).

According to legal regulations in Austria the storage takes place in particular for 7 J in accordance with § 132 exp. 1 BAO (accounting documents, documents / invoices, accounts, documents, business documents, statement of income and expenses, etc.), for 22 years in connection with land and for 10 years in the case of documents related to electronically supplied services, telecommunications, broadcasting and television services provided to non-EU companies in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.

 

Business-related processing

In addition, we process

  • Contract data (e.g., subject, term, customer category).
  • Payment data (e.g., bank details, payment history)

by our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

 

Hosting

The hosting services we use are for the purpose of providing the following services: infrastructure and platform services, computing capacity, storage and database services, security and technical maintenance services we use to operate this online service.

Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to. Art. 6 par. 1 lit. f GDPR in correspondence with  Art. 28 GDPR (conclusion of contract processing contract).

 

Collection of access data and log files

We or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 par. 1 lit. f. GDPR Data on every access to the server on which this service is located (so-called server log files). The access data includes the name of the retrieved web page, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 7 days and will then be deleted. Data whose further retention is required for evidential purposes are excluded from the erasure until the final clarification of the incident.

 

Order processing in the online shop and customer account

We process the data of our customers as part of the ordering process in our online shop to allow them to select and order the selected products and services, as well as their payment and delivery, or execution.

The processed data includes inventory data, communication data, contract data, payment data and the affected persons our customers, prospects and other business partners. Processing is for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer service. Here we use session cookies for the storage of the shopping cart contents and permanent cookies for the storage of the login status.

Processing is based on Art. 6 par. 1 lit. b (execution of order transactions) and c (legally required archiving) GDPR. The information marked as required for the establishment and fulfillment of the contract is required. We disclose the data to third parties only in the context of extradition, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data will be processed in third countries only if it is necessary for the fulfillment of the contract (for example, at the customer’s request on delivery or payment).

Users can optionally create a user account, in particular by being able to view their orders. As part of the registration, the required mandatory information will be communicated to the users. The user accounts are not public and can not be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is for commercial or tax law reasons according to Art. 6 par. 1 lit. c GDPR necessary. Information in the customer’s account remains until its deletion with subsequent archiving in the case of a legal obligation. It is the responsibility of the users to secure their data upon termination prior to the end of the contract.

As part of the registration and re-registration and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 par. 1 lit. c GDPR.

The deletion takes place after expiration of legal warranty and comparable obligations, the necessity of the storage of the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiration (end of commercial law (6 years) and tax law (10 years) retention obligation).

 

Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks and organization of our business, financial accounting and compliance with legal obligations, such as archiving. We process the same data that we process in the course of rendering our contractual services. The processing principles are Art. 6 par. 1 lit. c. GDPR, Art. 6 par. 1 lit. f. GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information provided in these processing activities.

We disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, and other fee agents and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, promoters and other business partners, e.g. for later contact. We generally store this majority of company-related data permanently.

 

Business analysis and market research

In order to operate our business economically, to be able to recognize market trends, customer and user requirements, we analyze the data we have on business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 par. 1 lit. f. GDPR, whereby the persons affected include customers, prospects, business partners, visitors and users of the online offer.

The analyzes are carried out for the purpose of business analysis, marketing and market research. In doing so, we can display the profiles of the registered users with indications e.g. take into account their purchase transactions. The analyzes serve us to increase the user-friendliness, the optimization of our offer and the business economy. The analyzes are for us alone and will not be disclosed externally unless they are anonymous, aggregated value analyzes.

If these analyzes or profiles are personal, they will be deleted or anonymised upon termination of the users, otherwise after two years from the conclusion of the contract. Incidentally, the overall business analyzes and general trend provisions are created anonymously if possible.

 

Registration  function

Users can optionally create a user account. As part of the registration, the necessary mandatory information is communicated to the users. The data entered during registration will be used for the purpose of using the offer. Users may be informed by e-mail about offer or registration-related information, such as changes in the scope of the offer or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is for commercial or tax law reasons according to Art. 6 par. 1 lit. c GDPR necessary. It is the responsibility of the users to secure their data upon termination prior to the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.

As part of the use of our registration and logging  functions and the use of user accounts, we store the IP address and the time of each user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is necessary for the pursuit of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c GDPR. The IP addresses will be anonymized or deleted after 7 days at the latest.

 

Contact

When contacting us (for example, by contact form, e-mail, telephone or via social media), the information of the user to process the contact request and their processing according to. Art. 6 par. 1 lit. b) GDPR is processed. The information provided by the users can be stored in a Customer Relationship Management System („CRM System“) or comparable request organization.

We delete the requests, if they are no longer required. We check the requirement every two years; Furthermore, the legal archiving obligations apply.

 

Newsletter

With the following information we inform you about the content of our newsletter as well as the registration, shipping and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.

Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter „newsletter“) only with the consent of the recipient or a legal permission. Insofar as the content of a newsletter is concretely described in the context of an application for the newsletter, it is decisive for the consent of the user. Incidentally, our newsletters contain information about our services and us.

Double opt-in and protocolling: Registration for our newsletter is done in a so-called double opt-in procedure. After registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the logon and the confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider will be logged.

Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to give a name in the newsletter for personal address.

Germany: The dispatch of the newsletter and the related performance measurement is based on the consent of the recipient according to Art. 6 par. 1 lit. a, Art. 7 GDPR in connection with § 7 par. 2 No. 3 UWG (Unfair Competition Act) or on the basis of the legal permission according to. § 7 par. 3 UWG (Unfair Competition Act) .

The logging of the registration process is based on our legitimate interests in accordance with. Art. 6 par. 1 lit. f GDPR. We are interested in using a user-friendly and secure newsletter system that serves our business interests as well as meeting the expectations of users and allows us to provide consent.

Termination / Withdrawal – You can terminate the receipt of our newsletter at any time, ie. Revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may save the submitted email addresses for up to three years based on our legitimate interests before deleting them for the purpose of sending out newsletters in order to provide evidence of prior consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.

 

Newsletter – shipping service provider

The newsletters are distributed using MailChimp, a mailing service platform owned by Rocket Science Group, LLC, 675 Ponce De Leon Ave # 5000, Atlanta, GA 30308, USA. The privacy policy of the shipping service provider can be viewed here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection standards (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The shipping service provider is based on our legitimate interests according to Art. 6 par. 1 lit. f GDPR and a contract processing agreement acc. Art. 28 (3) sentence 1 GDPR.

The shipping service provider may retrieve the data of the recipients in pseudonymous form, i. without assignment to a user, to optimize or improve their own services, e.g. for the technical optimization of shipping and the presentation of newsletters or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to address them themselves or to pass the data on to third parties.

 

Newsletter – Success Measurement

The newsletters contain a so-called „web beacon“, i. a pixel-sized file that is retrieved from the server when opening the newsletter from our server, or if we use a shipping service provider. As part of this call, technical information, such as information about the browser and your system, as well as your IP address and time of the call are collected.

This information is used to improve the technical performance of services based on their specifications or audience and their reading habits, based on their locations (which can be determined using the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our intention nor, if used, that of the shipping service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

 

Google Analytics

We use Google Analytics, a web analytics service of Google LLC („Google“), based on our legitimate interests (that is, interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR. Google uses cookies. The information generated by the cookie about the use of the online offer by the users are usually transmitted to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offering and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous user profiles of the processed data can be created.

We only use Google Analytics with activated IP anonymization. This means that the IP address of the users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.

The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to their use of the online offer as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

For more information about Google’s data usage, hiring and opt-out options, please visit Google’s websites: https://www.google.com/intl/en/policies/privacy/partners („Google’s use of your data when you use websites or apps our partners „), http://www.google.com/policies/technologies/ads (“ Use of data for promotional purposes „), http://www.google.com/settings/ads (“ Managing information that Google uses, to show you advertising „).

 

Facebook Pixels, Custom Audiences and Facebook Conversion

Within our online offer is due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes, the so-called „Facebook pixel“ of the social network Facebook, by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025 , USA, or if you are located in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland operated („Facebook“).

Facebook is certified under the Privacy Shield Agreement, providing a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

With the help of the Facebook pixel, it is on the one hand possible for Facebook to determine the visitors to our online offer as a target group for the presentation of advertisements (so-called „Facebook ads“). Accordingly, we use the Facebook Pixel to display the Facebook Ads we have been sent only to those Facebook users who have also shown an interest in our online offer or who have certain features (eg interests in certain topics or products visited by them) Web pages determined), which we transmit to Facebook (so-called „Custom Audiences“). With the help of the Facebook pixel, we also want to make sure that our Facebook ads are in line with the potential interest of users and are not annoying. With the help of the Facebook pixel, we can also understand the effectiveness of the Facebook ads for statistical and market research purposes, in which we see whether users were redirected to our website after clicking on a Facebook ad (so-called „conversion“).

The processing of the data by Facebook is part of Facebook’s data usage policy. Accordingly, general notes on how to display Facebook Ads, in Facebook’s Data Usage Policy: https://www.facebook.com/policy.php. For specific information and details about the Facebook Pixel and how it works, visit the help section of Facebook: https://www.facebook.com/business/help/651294705016616.

You may object to the capture by the Facebook Pixel and use of your data to display Facebook Ads. To set which types of ads you see within Facebook, you can go to the page set up by Facebook and follow the instructions for the usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform independent, i. they are adopted for all devices, such as desktop computers or mobile devices.

You can also use the Cookies for distance measurement and promotional purposes via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and in addition the US website (http://www.aboutads.info/ choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

 

Online presence in social media

We maintain online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. When opening the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.

Unless otherwise stated in our Privacy Policy, we process users‘ data as long as they communicate with us within social networks and platforms, e.g. Write posts on our online presence or send us messages.

Integration of services and contents of third parties

Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR), we make use of content or services offered by third-party providers in order to provide their content and services, such as included videos or fonts (collectively referred to as „content“).

This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address only for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as „web beacons“) for statistical or marketing purposes. The „pixel tags“ can be used to evaluate information, such as visitor traffic, on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, time of visit, and other information regarding the use of our online offer.