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e-Commerce Day 2020
The trade fair for the online trade
15 May 2020 in Cologne
RheinEnergieSTADION, Aachener Str. 999

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Information on data protection

*Please note that only the German version will be legally binding https://www.ecommerceday.de/datenschutz/

For the e-Commerce Day, the protection of personal data has the highest priority. We would therefore like to take this opportunity to inform you about how we protect your privacy when you provide us with your personal data. In addition to complying with the legal provisions on data protection applicable in Germany, we would like to use this information to commit ourselves to responsible handling of your data so that your privacy is protected at all times. It is important to us that you feel safe when visiting our websites.

Under the heading “Controller”, we provide you with initial information about the controller, the data protection officer and any contact options. Under the heading “General information on using the website ecommerceday.de”, we then provide you with generally applicable information. Under the heading “Rights of data subjects”, we would like to inform you of your rights as the data subject within the meaning of the GDPR.

A. Controller
B. General information on using the website “ecommerceday.de”
C. Rights of data subjects

A. Controller

I. NAME AND ADDRESS OF THE CONTROLLER
The “controller” within the meaning of the GDPR and other national data protection laws of the member states and any other data protection law provisions is:

Kaufland e-commerce GmbH
Stiftsbergstraße 1
74172 Neckarsulm
HRB-Nr.: HR B 774318, Local Court of Stuttgart

Contact:
E-mail: ecommerceday@kaufland-online.de

II. CONTACT DETAILS AND ADDRESS OF OUR DATA PROTECTION DEPARTMENT
Should you have any questions relating to the processing of your personal data, you can contact us at the following addresses:

By e-mail:
datenschutz@kaufland-online.de
By mail:
Kaufland e-commerce GmbH
Datenschutzbeauftragter
www.ecommerceday.de, c/o real,- Digital Payment & Technology Services GmbH
Habsburgerring 2
50674 Köln

III. CONTACT DETAILS AND ADDRESS OF THE DATA PROTECTION OFFICER
datenschutz süd GmbH
Dr. Christian Borchers
Wörthstraße 15
97082 Würzburg
office@datenschutz-sued.de

B. General information on using the website “ecommerceday.de”

We collect and use personal data of our users primarily for the specific purpose for which the data was provided to us, or where this is necessary in order to provide a functional website as well as our content and services.
Information on the specific processes:

I. Provision of the website “ecommerceday.de” and creation of log files
1. Description and scope of data processing
Each time you access our website, our system automatically collects data and information from the computer system of the requesting computer. The following data is collected in this process, insofar as it is transmitted due to your browser settings:
• information on the browser type and version used
• the user’s operating system
• the user’s IP address
• date and time of access
• the last web page from which the user’s system accessed our website
• country and location of access
The data is stored in our system’s log files for a short time. It is not stored together with other personal data of the user.

2. Legal basis for the data processing
The legal basis for storing the data and the log files is Article 6(1)(f) GDPR.

3. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to allow for delivery of the website to the user’s computer. For this purpose, the user’s IP address must be stored for the duration of the session. Log files are stored to ensure the website’s functionality. We also use the data to optimise the website and ensure the security of our IT systems. These purposes constitute our legitimate interest in the data processing under Article 6(1)(f) GDPR.

4. Duration of storage
The log files are stored in the active systems for 14 days and thereafter archived. Archive log files are stored for two years because they may be required for analytical purposes to effectively combat cyber crime.

5. Right to object and removal
Collecting the data for the provision of the website and storing the data in log files is required to operate the website. Users will no longer have any option to object. Provided the requirements of Article 21 GDPR are met, you have the right to object to this data processing. However, in addition to objecting to the processing, you must demonstrate grounds relating to your particular situation, because the processing of the data is necessary for the site’s operation.

II. Use of cookies in general
1. Description and scope of data processing
Cookies are small text files that are created automatically by your browser and stored on your end device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not cause any harm to your end device, nor do they contain any viruses, trojans or other malware. The cookie merely stores certain information that results in connection with the specific end device deployed. This does not, however, mean that we will immediately become aware of your identity.
Our website uses various types of cookies to provide certain functions, record statistics on the use of our website and make our website more user-friendly.
We distinguish between technically necessary cookies, cookies that are placed for statistical analyses and marketing-related cookies.
Cookies and the other technologies used to process usage data are deployed for the following purposes, depending on the categories of cookie/other technologies:
Technically necessary: these are cookies and similar technologies without which you cannot use our services (e.g., for the correct display of our website and/or functions requested by you).
Statistics: these methods enable us to tailor the design of our services by producing anonymised statistics about how they are used. For example, we can use them to determine how better to adapt our websites to user habits.
Marketing: these enable us to display relevant advertising content based on an analysis of your usage behaviour. Your usage behaviour can also be tracked over various websites, browsers or devices via a user ID (unique identifier). We cannot use the user ID to identify you. Details on the various categories of use are provided in the sections below.
Most browsers have functions which allow users to opt out of cookies generally or to delete cookies accepted by a website after the end of the session. The “help” function in the menu bar of most web browsers explains how to set your browser to reject new cookies, alert you when you receive a new cookie, or even how to delete all cookies you have already received and block your browser from receiving any more. By clicking on this link, you may withdraw your consent with respect to the use of technically unnecessary cookies on our website. This will delete all cookies that were set for the domain ecommerceday.de and are technically unnecessary.

III. Use of technically necessary cookies on the website
1. Description and scope of data processing
As already described, cookies are used on various web pages to provide certain functions and make our website more user-friendly. For example, the following data is stored in and transmitted via cookies:
• language settings
You may, of course, configure your browser so that it does not store our cookies on your terminal device (see the section on “Use of cookies in general”). However, please be advised that in such a case you may not be able to use all the functions of this website in their entirety.

2. Legal basis for the data processing
The legal basis for using technically necessary cookies and similar technologies is Article 6(1)(f) GDPR.

3. Purpose of the data processing
The purpose of using technically necessary cookies is to make websites more user-friendly and consistently maintain their utility. Some functions of our website cannot be offered without the use of cookies because they require that the browser be recognised even after a page change. These purposes also constitute our legitimate interest in processing the personal data under Article 6(1)(f) GDPR.

4. Duration of storage, right to object and removal
Cookies will be stored on the user’s terminal devices and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. You can opt out or restrict the transfer of cookies by changing the settings in your web browser. (See the section above on “Use of cookies in general”).

IV. Web analysis using Google Marketing platform/Analytics 360
1. Description and scope of data processing
As described above, our website also uses cookies to record and analyse statistics on the use of our website.
Our website uses Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, which uses “cookies”. As described above, cookies are text files that are stored on your computer and allow your use of the website to be analysed.

The following data is stored in particular whenever individual pages on our website are accessed:
• two bytes of the IP address of the user’s accessing system
• information on the accessing system’s operating system
• browser information
• the website accessed
• the website from which the user reached the website accessed (referrer URL)
• the sub-pages accessed from the website accessed
• the time spent on the website
• the date and time of your visit to our website

The information that these text files generate about your use of our website may be transmitted to one of Google’s servers in the U.S. and stored there. Google will use this information for the purpose of evaluating your use of our website and compile reports on website activity for us and to provide other services relating to the use of the website and the Internet. We have entered into an agreement with Google in this regard to process data on our behalf pursuant to Article 28 GDPR.
To the extent prescribed by law or where third parties process such data on behalf of Google, Google will transfer it to those third parties as well. For details, see Google.

Cross device tracking
If you log in to a third-party provider with your own user data, the respective recognition attributes of different browsers and terminal devices can be linked. So if, for example, the third party provider has created a separate attribute for each laptop, desktop PC, or smartphone or tablet you use, these individual attributes can be assigned to each other as soon as you use your login data to access a third party provider’s service. This way, the third-party provider can precisely manage our advertising campaigns even across multiple terminal devices.

Processing in a third country under data protection law
If the data is processed outside the EU or EEA in this context, please note that there is a risk that authorities may be able to access the data for security and monitoring purposes without you being informed of this or having any legal recourse. Insofar as we use providers in unsafe third countries, the legal basis for the transfer of data to a third country is Article 49(1)(a) GDPR.
Sie können die Einwilligung zur Verarbeitung jederzeit widerrufen. Bis zum Widerruf der Einwilligung ist die Datenverarbeitung rechtmäßig. Sollten Sie nicht wünschen, dass Google Analytics, wie soeben beschrieben, Einblick in Ihr Nutzungsverhalten hat, können Sie ein Deaktivierungs-Add-on in Ihren Browser integrieren. Nähere Informationen zu diesem Add-on sowie zur Aktivierung finden Sie unter: https://tools.google.com/dlpage/gaoptout/.
In addition, you can delete the cookies by changing your browser settings.

2. Legal basis for the processing of personal data
The legal basis for using statistics cookies and similar technologies involving the various providers of web analytics services is your consent given pursuant to Article 6(1)(a) GDPR.

3. Purpose of the data processing
Processing users’ personal data allows us to analyse the web browsing behaviour of our users. By analysing the data, we can compile information on the use of the individual website elements in aggregated form and ensure and continuously optimise the user-friendliness and utility of the website.

4. Duration of storage
The data will be deleted as soon as it is no longer required for our record-keeping purposes.

5. Right to object and removal
Cookies will be stored on the user’s terminal devices and transmitted to our site by the user. Cookies that have already been stored may be deleted at any time. You may withdraw your consent to the processing at any time. The data processing will be lawful until such time as consent is withdrawn.
On the one hand, you can opt out or restrict the transfer of cookies by changing the settings in your web browser (see information above).
On the other hand, by clicking on this link, you may withdraw your consent with respect to the use of cookies on our website. This will delete all cookies that were set for the domain ecommerceday.de.

V. Use of marketing cookies on our website
We work with targeting service providers for advertising and marketing purposes. For this purpose, we store cookies on our server which allow us to analyse the use of our website by you and others (see information above). These cookies are used to record information about the use of our website, which is then transmitted to one of the servers operated by our service providers and stored there. Our service providers use this information to place ads on other websites, particularly in the form of banner advertising. The anonymous data is not associated with your personal data in any way. We act in strict compliance with the relevant data protection laws at all times.

1. Scope of the processing of personal data
1a. Doubleclick by Google
With the Google DoubleClick tool, we use a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, to display ads of relevance to you. Cookies are used for this purpose, which do not contain any personal data. The DoubleClick cookies use a pseudonymised ID number assigned to your browser, which is used to verify the display and viewing of ads. This allows Google and its partner sites to place ads based on previous visits to ecommerceday.de sites or other websites. The information that these DoubleClick cookies generate is transmitted by Google to a server in the U.S. and stored there. Data will only be transferred to third parties in accordance with statutory provisions or in the context of a commissioned data processing arrangement. By using the website, you consent to Google using and processing it as described above. You may configure your browser settings to disable cookies. However, please be advised that in such a case you may not be able to use all the functions of our website and pages may not be displayed properly. If you do not want to disable cookies generally but do not want DoubleClick cookies to be used, you can go to the following link and download and install the browser plugin to opt out of Google’s DoubleClick service.

1b. Facebook Custom Audiences
As part of our interest-based online advertising, we also use communication tools offered by the social media network Facebook, in particular the product “Website Custom Audiences”. Basically, a non-reversible and non-personal code (hash) is generated from your usage data, which can be transmitted to Facebook for analysis and marketing purposes. For Website Custom Audiences, the Facebook cookie is deployed for this process. Further information on the purpose and scope of data collection and further processing and use of the data by Facebook and your options to protect your privacy is available in Facebook’s privacy policy at https://www.facebook.com/policy.php einsehen können. If you want to opt out of Facebook Website Custom Audiences, you can do so at https://www.facebook.com/.

2. Legal basis for the data processing
The legal basis for using marketing cookies and similar technologies is your consent given pursuant to Article 6(1)(a) GDPR. If the data is processed outside the EU or EEA in this context, please note that there is a risk that authorities may be able to access the data for security and monitoring purposes without you being informed of this or having any legal recourse. Insofar as we use providers in unsafe third countries and you give your consent thereto, the legal basis for the transfer of data to a third country is Article 49(1)(a) GDPR.

3. Purpose of the data processing
Processing users’ personal data allows us to optimise our online marketing and customise it so that you receive the offers that are relevant to you. These services also help finance the website.

4. Duration of storage
The data will be deleted as soon as it is no longer required for our record-keeping purposes.

5. Right to object and removal
You may withdraw your consent to the processing at any time. The data processing will be lawful until such time as consent is withdrawn. If you wish to exercise your right of withdrawal, click on the following link to withdraw your consent to the use of cookies on our website. This will delete all cookies that were set for the domain ecommerceday.de.

VI. Integration of other third-party providers
1. Description and scope of data processing
For that purpose and in our interest of illustrating and optimising our offer, we also embed services provided by the third-party providers listed below. This applies in particular to video and audio players. We do not collect any personal data, nor do we transmit it to the third-party providers. When integrating these types of offers, your browser regularly establishes a direct connection to the servers of the third-party provider and transmits data to the operator as soon as the content is loaded and displayed. Information on data processing by the respective third-party provider can be found in the respective third-party provider’s privacy policy.

• YouTube (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland) https://support.google.com/youtube/answer/7671399?p=privacy_guidelines&hl=de&visit_id=0-636644030056539000-341535836&rd=1

2. Legal basis for the data processing
The legal basis for the processing of the users’ personal data is Article 6(1)(f) GDPR.

3. Purpose of the data processing
Embedding the services of third-party providers enables us to illustrate and optimise our offer and thus to tailor our offer to customer requirements. These purposes constitute our legitimate interest in processing the data under Article 6(1)(f) GDPR.

4. Duration of storage
The data will be deleted as soon as it is no longer required for our record-keeping purposes.

5. Right to object and removal
If you do not wish for the third-party providers to collect data about you via the website, you must not click on/view their content. For more information on data processing by the respective third-party provider or any other objection and removal options, please refer to the respective third-party provider’s privacy policy:

• YouTube (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland) https://support.google.com/youtube/answer/7671399?p=privacy_guidelines&hl=de&visit_id=0-636644030056539000-341535836&rd=1

VII. Newsletter
1. Description and scope of data processing
If you register on our website for our free newsletter, we will provide you with regular e-mail alerts concerning current e-commerce topics, promotions and much more. To register, you must provide your e-mail address. If you provide us with additional data, we will use this to address you personally, among other things. After you submit your subscription form, we will send you an e-mail requesting confirmation (double opt-in). Once you click on the link in that e-mail, your registration will be complete. If you do not confirm registration, your data will be deleted. You may unsubscribe from the newsletter at any time by clicking on the “unsubscribe” link which is provided in every e-mail.

2. Legal basis for the data processing
The legal basis for processing the data is the user’s consent given in accordance with Article 6(1)(a) GDPR.

3. Purpose of the data processing
The user’s e-mail address is collected so that the newsletter can be delivered. Other personal data collected serves to prevent misuse of the services or the e-mail address used.

4. Duration of storage
The data will be deleted as soon as it is no longer required for our record-keeping purposes. The user’s e-mail address is therefore stored at least as long as the newsletter subscription is active.

5. Right to object and removal
Users may cancel their newsletter subscription at any time. You can notify us of your objection in text form or cancel your subscription completely by clicking on the “unsubscribe” link which is provided in every e-mail. By so doing, you can also withdraw your consent to the storage of your personal data collected during the registration process.

VIII. Use of comments function
1. Description and scope of data processing
If you opt to comment on articles published on our site, we will store the name and e-mail address you provide to us for this purpose when you enter them into the corresponding input screen. Your data will be stored in accordance with the legal data protection requirements and in particular will enable us to provide services as well as contact you in cases of abuse.

2. Legal basis for the data processing
The legal basis for the processing of personal data is Article 6(1)(f) GDPR.

3. Purpose of the data processing
Data is collected in to ensure availability of the comments function and to prevent misuse of the services offered. This purpose constitutes our legitimate interest in processing the data under Article 6(1)(f) GDPR.

4. Duration of storage
The data will be deleted as soon as it is no longer required for our record-keeping purposes.

5. Right to object and removal
You may object to the storage of this data by sending an e-mail to datenschutz@kaufland-online.de.

IX. Website misuse
1. Description and scope of data processing
Where the disclosure of personal data serves to identify any misuse of the platform requiring the enforcement of rights or where there is a statutory disclosure obligation, such data will be disclosed to authorities (in particular, law enforcement agencies and tax authorities), our legal defence counsel and, if necessary, to injured third parties. Data may also be disclosed if this is necessary for enforcing our standard terms and conditions or other agreements or is required based on a statutory, official or court order.

2. Legal basis of the data processing
The legal basis for the processing is Article 6(1)(f) GDPR.

3. Purpose of the data processing
The data processing is required to ensure the security of our IT systems and processes and to comply with statutory and official requirements. The processing also indirectly serves the interests of the data subjects and the integrity of their personal data. These purposes constitute our legitimate interest in the data processing under Article 6(1)(f) GDPR.

4. Duration of storage
The data is deleted as soon as it is no longer required for the purpose for which it was collected.

5. Right to object and removal
You have the right to object to this data processing. However, in addition to objecting to the processing of the data, you must demonstrate grounds relating to your particular situation, because in cases of misuse, the processing of the data is necessary in order to counteract the misuse of the services provided and prevent our rights and the rights of third parties from being infringed.

C. Rights of data subjects
If your personal data is processed, you are a data subject within the meaning of the GDPR and you generally have the following rights, subject to exceptions:

1. Right of access
As a data subject, you have the right to obtain from the controller confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and the information listed in Article 15 GDPR.

2. Right to rectification
Furthermore, as a data subject, you have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and, if necessary, to have incomplete personal data completed (Article 16 GDPR).

3. Right to restriction of processing
Furthermore, the data subject has the right to obtain from the controller restriction of processing if one of the conditions listed in Article 18 GDPR applies, e.g. if the data subject has objected to the processing, for the duration of the controller’s review.

4. Right to erasure
Finally, as a data subject, you have the right to obtain from the controller the erasure of personal data concerning you without undue delay, provided that one of the reasons listed in detail in Article 17 of the GDPR applies, e.g. if the data is no longer needed for the purposes pursued (right to erasure).

5. Right to information
If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to inform all recipients to whom your personal data have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves unreasonable effort. You have the right vis-à-vis the controller to be informed about these recipients.

6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and the processing is carried out with the help of automated procedures. In exercising this right, you furthermore have the right to have your personal data transmitted directly from one controller to another controller where technically feasible. The freedoms and rights of other persons must not be affected by this. That right to data portability shall not apply to processing of personal data which 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.

7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process your personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Where your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, your personal data shall no longer be processed for such purposes. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to withdraw the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of data processing that was based on the consent prior to its withdrawal.

9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision is necessary for entering into, or performance of, a contract between you and a data controller, is authorised by Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests. However, these decisions shall not be based on special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, every data subject has the right to lodge a complaint with a supervisory authority if the data subject considers that the processing of personal data relating to him or her infringes the GDPR (Article 77 GDPR). The data subject may exercise this right before a supervisory authority in the Member State of his or her habitual residence, place of work or the place of the alleged infringement. In Baden-Württemberg the competent supervisory authority is:
State Commissioner for Data Protection and Freedom of Information (Landesbeauftragter für den Datenschutz und die Informationsfreiheit)
Postfach 10 29 32
70025 Stuttgart, Germany
Tel.: +49 (0)711 615541-0
Fax: +49 (0)711 615541-15
E-mail:poststelle@lfdi.bwl.de

If you have any further questions, please do not hesitate to contact us using the contact details above.