Data & Privacy

Privacy Policy

Important information

1) Data protection at a glance:

General information
The following notes provide a simple overview of what happens to your personal data when you visit our website. Personal data is any data with which you can be personally identified. Detailed information on data protection can be found in the privacy policy listed below.

Data collection on our website
Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. You can find the operator’s contact details in the site’s legal notice.

How do we collect your data?
Your data is collected, on the one hand, by you providing it to us. This can be, for example, data that you enter in a contact form.

Other data is collected automatically by our IT systems when you visit the website. This is mainly technical data (for example, the internet browser, operating system, or time of the page view). This data is collected automatically as soon as you enter our website.

What do we use your data for?
Part of the data is collected to ensure the error-free provision of the website. Other data can be used to analyze your user behavior.

What rights do you have regarding your data?
You have the right at any time to receive free information about the origin, recipients, and purpose of your stored personal data. You also have the right to request the rectification, blocking, or deletion of this data. For this purpose, as well as for further questions about data protection, you can contact us at any time at the address given in the legal notice. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

Analytics tools and third-party tools
When you visit our website, your browsing behavior can be statistically evaluated. This is done primarily with cookies and with so-called analytics programs. The analysis of your browsing behavior is usually anonymous; the browsing behavior cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy.

You can object to this analysis. We will inform you about the options for objection in this privacy policy.

2) General information and mandatory disclosures

Data protection
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
When you use this website, various personal data is collected. Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.
Please note that data transmission over the internet (for example, when communicating by email) may have security vulnerabilities. Complete protection of data from access by third parties is not possible.

Note on the controller
The controller responsible for data processing on this website is:
Juan García
79780 Stühlingen
E-Mail: info(at)smartandpro.de

The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data (for example, names, email addresses or similar).

Withdrawal of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. An informal email to us is sufficient for this. The lawfulness of the data processing carried out until the withdrawal remains unaffected by the withdrawal.

Right to lodge a complaint with the competent supervisory authority
In the event of violations of data protection law, the data subject has the right to lodge a complaint with the competent supervisory authority. The competent supervisory authority regarding data protection issues is the state data protection officer of the federal state in which our company has its registered office. A list of data protection officers and their contact details can be found at:
https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

SSL/TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or inquiries you send to us as the site operator, this page uses SSL/TLS encryption. You can recognize an encrypted connection by the browser’s address line changing from "http://" to "https://" and by the lock symbol in your browser line.

If SSL/TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Information, blocking, deletion
Within the framework of the applicable legal provisions, you have the right at any time to obtain free information about your stored personal data, its origin and recipients, and the purpose of the data processing and, if applicable, a right to rectification, blocking, or deletion of this data. For this purpose, as well as for other questions about personal data, you can contact us at any time at the address given in the legal notice.

3) Scope and purpose of processing personal data

3.1 Accessing the website

When accessing this website smartandpro.de, the internet browser used by the visitor automatically sends data to the server of this website and stores it temporarily in a log file. Until automatic deletion, the following data is stored without further input by the visitor:
• IP address of the visitor’s device,
• Date and time of access by the visitor,
• Name and URL of the page accessed by the visitor,
• Website from which the visitor arrives at the Finestyle website (so-called referrer URL),
• Browser and operating system of the visitor’s device,
The processing of this personal data is justified pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR. We have a legitimate interest in data processing for the purpose of:
• quickly establishing a connection to the website,
• enabling a user-friendly use of the website,
• recognizing and ensuring the security and stability of the systems, and
• facilitating and improving administration of the website.
Processing is expressly not carried out for the purpose of drawing conclusions about the identity of the website visitor.

3.2 Contact/inquiry form

If you send us inquiries via the contact/inquiry form, the information you provide in the form, including the contact details you give there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.

Alternatively, it is possible to contact us via the email address info(at)smartandpro.de. In this case, the personal data of the user transmitted with the email is stored. There is no transfer of data to third parties. The data is used exclusively for processing the inquiry. The processing of personal data serves solely to handle the contact.

The other personal data processed serves to prevent misuse of the contact/inquiry form and to ensure the security of our IT systems. The legal basis for processing the data, where the user’s consent exists, is Art. 6 para. 1 a) GDPR. The legal basis for processing the data transmitted in the course of sending an email is Art. 6 para. 1 f) GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 para. 1 b) GDPR. The data is deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For the personal data from the contact/reservation/inquiry form input mask and for those transmitted by email, this is the case when the respective communication with the inquirer has ended. Communication ends when it can be inferred from the circumstances that the matter in question has been definitively clarified.

4) Disclosure of data

Personal data is transmitted to third parties if:
• the data subject has expressly consented to this pursuant to Art. 6 para. 1 sentence 1 lit. a) GDPR,
• the disclosure is necessary pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR for the establishment, exercise, or defense of legal claims and there is no reason to assume that the data subject has an overriding legitimate interest in the non-disclosure of their data,
• there is a legal obligation to disclose pursuant to Art. 6 para. 1 sentence 1 lit. c) GDPR, and/or
• this is necessary pursuant to Art. 6 para. 1 sentence 1 lit. b) GDPR for the performance of a contractual relationship with the data subject.
In other cases, personal data is not passed on to third parties.

5) Data collection on our website

Cookies
The websites use so-called cookies in part. Cookies do not harm your computer and do not contain viruses. Cookies help make our offer more user-friendly, effective, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain stored on your device until you delete them. These cookies enable us to recognize your browser on your next visit.

You can set your browser to inform you about the setting of cookies and to allow cookies only in individual cases, to exclude the acceptance of cookies for certain cases or in general, as well as to activate the automatic deletion of cookies when closing the browser. Disabling cookies may limit the functionality of this website.

Cookies necessary for carrying out the electronic communication process or for providing certain functions you desire (for example, the shopping cart function) are stored on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies for the technically error-free and optimized provision of its services. Insofar as other cookies (for example, cookies to analyze your browsing behavior) are stored, they are treated separately in this privacy policy.

Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
• Browser type and browser version
• Operating system used
• Referrer URL
• Hostname of the accessing computer
• Time of the server request
• IP address
This data is not merged with other data sources.

The basis for data processing is Art. 6 para. 1 lit. f GDPR, which permits the processing of data for the fulfillment of a contract or pre-contractual measures.

6) Your rights as a data subject

If your personal data is processed on the occasion of visiting our website, you are a “data subject” within the meaning of the GDPR and have the following rights:

6.1 Right of access

You can request information from us about whether personal data concerning you is being processed by us. There is no right of access if providing the requested information would violate the duty of confidentiality pursuant to § 83 StBerG or if the information must be kept secret for other reasons, in particular due to an overriding legitimate interest of a third party. Contrary to this, there may be an obligation to provide information if, considering potential damages, your interests outweigh the interest in confidentiality. The right of access is also excluded if the data is only stored because it may not be deleted due to statutory or contractual retention periods or is used exclusively for data security or data protection control purposes, provided that providing the information would require a disproportionately high effort and processing for other purposes is excluded by appropriate technical and organizational measures. If the right of access is not excluded in your case and we process your personal data, you can request information from us about the following:
Purposes of processing, categories of your personal data processed, recipients or categories of recipients to whom your personal data has been disclosed, in particular to recipients in third countries, where possible the planned duration for which your personal data will be stored or, if this is not possible, the criteria for determining the storage duration, the existence of a right to rectification or erasure or restriction of processing of personal data concerning you or a right to object to such processing, the existence of a right to lodge a complaint with a data protection supervisory authority, if the personal data was not collected from you as the data subject, any available information about the data’s origin, if applicable the existence of automated decision-making including profiling and meaningful information about the logic involved as well as the significance and envisaged consequences of such processing, and, if applicable, in the case of transfer to recipients in third countries where there is no EU Commission adequacy decision under Art. 45 para. 3 GDPR, information about the appropriate safeguards pursuant to Art. 46 para. 2 GDPR provided for the protection of personal data.

6.2 Rectification and completion

If you discover that we have inaccurate personal data concerning you, you can demand the immediate rectification of such inaccurate data. In the case of incomplete personal data concerning you, you can demand its completion.

6.3 Erasure

You have a right to erasure (“right to be forgotten”), provided that processing is not necessary for exercising the right to freedom of expression and information, for compliance with a legal obligation, or for the performance of a task carried out in the public interest, and one of the following reasons applies:
The personal data is no longer necessary for the purposes for which it was processed.
The legal basis for the processing was solely your consent, which you have withdrawn.
You have objected to the processing of your personal data that we have made public.
You have objected to the processing of personal data that we have not made public and there are no overriding legitimate grounds for the processing.
Your personal data has been processed unlawfully.
The erasure of the personal data is necessary to fulfill a legal obligation to which we are subject.
There is no entitlement to erasure if, in the case of lawful non-automated data processing, erasure is not possible or only possible with a disproportionately high effort due to the special nature of storage and your interest in erasure is minimal. In this case, restriction of processing takes the place of erasure.

6.4 Restriction of processing

You can demand that we restrict processing if one of the following reasons applies:
You contest the accuracy of the personal data. In this case, restriction can be requested for the period that enables us to verify the accuracy of the data. The processing is unlawful and you request restriction of the use of your personal data instead of erasure.
We no longer need your personal data for the purposes of processing, but you need it for the establishment, exercise, or defense of legal claims.
You have objected pursuant to Art. 21 para. 1 GDPR. Restriction of processing can be requested for as long as it has not yet been determined whether our legitimate reasons outweigh yours.
Restriction of processing means that personal data is processed only with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. Before we lift the restriction, we have a duty to inform you.

6.5 Data portability

You have a right to data portability, provided that processing is based on your consent (Art. 6 para. 1 sentence 1 lit. a) or Art. 9 para. 2 lit. a) GDPR) or on a contract to which you are a party and processing is carried out by automated means. The right to data portability in this case includes the following rights, provided that the rights and freedoms of other persons are not adversely affected: You can request that we provide the personal data you have provided to us in a structured, commonly used, and machine-readable format. You have the right to transmit this data to another controller without hindrance from us. Where technically feasible, you can request that we transmit your personal data directly to another controller.

6.6 Objection

If processing is based on Art. 6 para. 1 sentence 1 lit. e) GDPR (performance of a task carried out in the public interest or in the exercise of official authority) or on Art. 6 para. 1 sentence 1 lit. f) GDPR (legitimate interests of the controller or a third party), you have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you. This also applies to profiling based on Art. 6 para. 1 sentence 1 lit. e) or lit. f) GDPR. After exercising the right to 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 the processing serves the establishment, exercise, or defense of legal claims. You can object at any time to the processing of your personal data for direct marketing purposes. This also applies to profiling to the extent that it is related to such direct marketing. After exercising this right to object, we will no longer use the personal data concerned for direct marketing purposes. You may submit the objection informally by email.

6.7 Withdrawal of consent

You have the right to withdraw consent given at any time with effect for the future. The withdrawal of consent can be communicated by telephone, by email, or informally to our postal address. The lawfulness of the data processing carried out on the basis of the consent until receipt of the withdrawal remains unaffected. After receipt of the withdrawal, data processing that is based exclusively on your consent will be discontinued.

6.8 Complaint

If you believe that the processing of personal data concerning you is unlawful, you may lodge a complaint with a data protection supervisory authority competent for your place of residence or work or for the place of the alleged infringement.

7) Social media plugins

Facebook plugins (Like & Share button)
Our pages integrate plugins of the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. You can recognize Facebook plugins by the Facebook logo or the “Like” button on our page. An overview of Facebook plugins can be found here: https://developers.facebook.com/docs/plugins/.
When you visit our pages, a direct connection is established between your browser and the Facebook server through the plugin. Facebook thereby receives the information that you have visited our page with your IP address. If you click the Facebook “Like” button while you are logged into your Facebook account, you can link the contents of our pages to your Facebook profile. This allows Facebook to assign the visit to our pages to your user account. We point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Facebook. Further information can be found in Facebook’s privacy policy at: https://de-de.facebook.com/policy.php.
If you do not want Facebook to assign the visit to our pages to your Facebook user account, please log out of your Facebook account.

Privacy policy for the use of Twitter
Functions of the Twitter service are integrated on our pages. These functions are offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and disclosed to other users. Data is also transmitted to Twitter. We point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Twitter. For more information, please see Twitter’s privacy policy at http://twitter.com/privacy.
You can change your privacy settings on Twitter in the account settings at: http://twitter.com/account/settings.

8) Plugins and tools

Google Web Fonts
This site uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its cache to display texts and fonts correctly. To do this, the browser you use must connect to Google’s servers. In this way, Google becomes aware that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If your browser does not support web fonts, a standard font from your computer will be used. Further information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/.

Google Maps
This site uses the Google Maps map service via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission. The use of Google Maps is in the interest of an attractive presentation of our online offers and an easy findability of the places indicated by us on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. More information on the handling of user data can be found in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/.

9) Analytics tools and advertising

Google Analytics
This website uses functions of the web analytics service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called “cookies.” These are text files that are stored on your computer and that enable an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
The storage of Google Analytics cookies is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising.

IP anonymization
We have activated the IP anonymization function on this website. As a result, your IP address is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website and internet use to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

Browser plugin
You can prevent the storage of cookies by setting your browser software accordingly; however, please note that in this case you may not be able to use all the functions of this website to their full extent. You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

Objecting to data collection
You can prevent the collection of your data by Google Analytics by clicking the following link. An opt-out cookie will be set that prevents the collection of your data on future visits to this website: Disable Google Analytics. More information on the handling of user data in Google Analytics can be found in Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

Data processing agreement
We have concluded a data processing agreement with Google and fully comply with the strict requirements of the German data protection authorities when using Google Analytics.

10) Status and updates of this privacy policy

This privacy policy is dated July 8, 2023. We reserve the right to update the privacy policy in due time to improve data protection and/or adapt it to changes in administrative practice or case law.