Privacy Policy — wallPen GmbH

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issues.

Analysis tools and tools provided by third parties

When you visit this website, your browsing patterns are statistically analyzed. We do this without cookies: nothing is stored on your device and nothing is read from it, which is why this measurement does not depend on the cookie banner and continues if you reject cookies. It is anonymous, cannot recognise you for longer than 24 hours, and you can object to it at any time under "Cookie settings" in the footer.

Where we go beyond this and use cookies for analysis or advertising, we ask for your consent first and nothing is loaded until you give it.

For detailed information please consult the section "Reach measurement with etracker, without cookies" in our Data Protection Declaration below.

2. Hosting and Content Delivery Networks (CDN)

Hosting on a rented server

This website does not run with a hosting provider that operates it on our behalf. It runs on a physical server that we rent as a whole and administer ourselves. The server stands in a data centre in Germany operated by:

Hetzner Online GmbH Industriestr. 25 91710 Gunzenhausen Germany

Hetzner provides the machine, the data centre and the network connection. The operating system, the web server and this website itself are installed, configured and maintained by us. Hetzner does not access the content of this website in the course of normal operation. Because access to the physical machine, its storage media and its network traffic cannot be technically ruled out — during hardware maintenance, for instance — we have engaged Hetzner as a processor rather than treat the arrangement as mere premises rental.

The personal data collected on this website is stored on this server. This may include, but is not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a website.

Operating this server serves the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and our legitimate interest in the secure, fast, and efficient provision of our online services (Art. 6 para. 1 lit. f GDPR).

Execution of a contract data processing agreement

In order to guarantee processing in compliance with data protection regulations, we have concluded an order processing contract with Hetzner Online GmbH.

Content Delivery Network (Cloudflare)

We deliver this website via the content delivery network and security service of Cloudflare, Inc., 101 Townsend St., San Francisco, CA 94107, USA (“Cloudflare”). Its representative in the European Union is Cloudflare Germany GmbH, Rosental 7, c/o Mindspace, 80331 Munich, Germany.

Cloudflare sits between your browser and our server. Every request to this website reaches a Cloudflare server near you first; Cloudflare answers it from its own cache where it can and otherwise passes it on to our server in Germany. In the course of this, Cloudflare processes your IP address, the address of the page requested, the date and time of the request, the volume of data transferred, the referring page, and your browser type, browser version and operating system. To tell human visitors apart from automated requests, Cloudflare may store a technically necessary cookie on your device.

We use Cloudflare to shorten loading times for visitors outside Germany and to protect this website against attacks, in particular overload attacks (DDoS) and automated abuse. This constitutes a legitimate interest as defined in Art. 6 para. 1 lit. f GDPR. Where a respective declaration of consent has been requested, the data shall be processed exclusively on the basis of Art. 6 para. 1 lit. a GDPR; this declaration of consent may be revoked at any time.

Cloudflare is a provider based in the USA and operates servers worldwide, so your data may be processed outside the European Union, in particular in the USA. We have concluded an order processing contract with Cloudflare which incorporates the Standard Contractual Clauses of the European Commission. Cloudflare is additionally certified under the EU-U.S. Data Privacy Framework. Please also note the section “Information on data transfer to the USA” below.

For more information on how Cloudflare handles user data, please consult Cloudflare's privacy policy under: https://www.cloudflare.com/privacypolicy/

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

wallPen GmbH Werkstrasse 15 57537 Wissen

Phone: +49 2742 966800 E-mail: info@wallpen.com

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

Information on data transfer to the USA

Our website uses, in particular, tools from companies based in the USA. When these tools are active, your personal information may be transferred to the US servers of these companies. We must point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are required to release personal data to security authorities without you as the data subject being able to take legal action against this. The possibility cannot therefore be excluded that US authorities (e.g. secret services) may process, evaluate, and permanently store your data on US servers for monitoring purposes. We have no influence over these processing activities.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 SECT. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

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

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

Rejection of unsolicited e-mails

We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in our Site Notice to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.

4. Recording of data on this website

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your agreement (Art. 6 Para. 1 lit. a GDPR) if this has been requested.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g., after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions, in particular retention periods.

Request by e-mail, telephone, or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed on the basis of Art. 6 Sect. 1 lit. b GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6 Sect. 1 lit. f GDPR) or on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR) if it has been obtained.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

5. Analysis tools and advertising

Reach measurement with etracker, without cookies

To find out which pages of this website are actually useful to visitors, we measure page views using the analytics service of etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg, Germany (www.etracker.com). etracker acts as our processor, processes the data solely on our instructions and stores it exclusively on servers in Germany. etracker has been independently audited, certified and awarded the ePrivacyseal data protection seal.

This measurement runs without cookies, and it is independent of the cookie banner. We operate etracker in its cookie-less mode: no cookie is set, and nothing is stored on or read from your device. Because § 25 of the German Digital Services Data Protection Act (TDDDG) only governs storing information on your device and accessing information already stored there, that provision does not apply to this measurement and there is no consent for the banner to ask for. Choosing "Reject all" in the banner therefore refuses cookies — which is exactly what it says — but it does not switch off this cookie-less measurement. To stop that, please use the objection described below.

What is processed. Each page view transmits the address and title of the page called up, the page you came from, the date and time, and the browser and header information your browser sends with every request, including your IP address. etracker shortens the IP address and does not store it in full. To recognise that several page views belong to the same visit, etracker forms a signature on its own servers from this information; that signature includes the current date and is therefore valid for a maximum of 24 hours, after which the same visitor can no longer be recognised. No profile is built across visits, across devices or across websites, and the data is neither merged with other data nor passed on to third parties. Nothing is transferred to a country outside the European Union.

Legal basis. The processing is based on our legitimate interest under Art. 6 para. 1 lit. f GDPR in understanding which of our pages answer visitors' questions and which do not, so that we can improve them. We consider this interest to outweigh your interests because the measurement is anonymous, cannot recognise you for longer than 24 hours, does not follow you to other websites, and is not used for advertising.

Your right to object (Art. 21 GDPR). You can object to this measurement at any time, with effect for the future and without giving reasons. Open "Cookie settings" in the footer of any page, choose "Settings", and then select "Object to measurement" under "Reach measurement without cookies". The objection takes effect immediately, is remembered on your device for future visits, and can be reversed there just as easily. It has no adverse consequences and the website works exactly as before.

We also honour the "Do Not Track" setting and the Global Privacy Control signal of your browser automatically. If either is switched on, no measurement takes place and you do not need to do anything further.

You can find more information about data protection at etracker here.

6. Newsletter

Newsletter data

If you would like to subscribe to the newsletter offered on this website, we will need from you an e-mail address as well as information that allow us to verify that you are the owner of the e-mail address provided, and consent to the receipt of the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties.

The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke the consent you have given to the archiving of data, the e-mail address and the use of this information for the sending of the newsletter at any time, for instance by clicking on the “Unsubscribe” link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date.

The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter or after the purpose has ceased to apply. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with Art. 6(1)(f) GDPR.

After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.

Legal Basis

Data processing is based on your agreement (Art. 6 para. 1 lit. a GDPR). You can revoke this agreement at any time. The legality of the data processing operations that have already taken place remains unaffected by the revocation.

Storage period

Execution of a contract data processing agreement

We have entered into a contract data processing agreement with the provider of Mailjet and implement the strict provisions of the German data protection agencies to the fullest when using Mailjet.

7. Plug-ins and Tools

YouTube with expanded data protection integration

Our website embeds videos of the website YouTube. The website operator is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

We use YouTube in the expanded data protection mode. According to YouTube, this mode ensures that YouTube does not store any information about visitors to this website before they watch the video. Nevertheless, this does not necessarily mean that the sharing of data with YouTube partners can be ruled out as a result of the expanded data protection mode. For instance, regardless of whether you are watching a video, YouTube will always establish a connection with the Google DoubleClick network.

As soon as you start to play a YouTube video on this website, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.

Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device or comparable technologies for recognition (e.g. device fingerprinting). In this way YouTube will be able to obtain information about this website’s visitors. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud.

Under certain circumstances, additional data processing transactions may be triggered after you have started to play a YouTube video, which are beyond our control.

The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6 Sect. 1 lit. f GDPR, this is a legitimate interest. If a corresponding agreement has been requested, the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under: https://policies.google.com/privacy?hl=en.

Facebook Pixel

The Facebook Pixel is not currently in use on this website. Should that change, this section will describe the processing before it does.

This translation is for information purposes only. Only the current German version is legally binding.