We would like to use the information below to provide you „data subject“ with an overview of our processing of your personal data and your rights under data protection law. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services offered by our company through our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we will generally obtain your consent.
Personal data, such as your name, address or email address, is always processed in accordance with the EU General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to the „FiveConsulting“. The aim of this Privacy Notice is to inform you about the scope and purpose of the personal data we collect, use and process.
As the data controller, we have implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps so that absolute protection cannot be guaranteed. For this reason, you are free to submit personal data on alternative ways, such as by phone or by post to us.
2. Data controller
The data controller, as defined by the GDPR, is:
Phone: +49 1711586912
Data controller’s representative: Florian Hüttner, Gunther Zimmermann
3. Data protection officer
You can reach the data protection officer as follows:
Dipl.-Ing. Klaus Pampuch
Frankenforster Straße 44
51427 Bergisch Gladbach
You may contact our data protection officer directly at any time if you have any questions or suggestions regarding data protection.
4.1 SSL/TLS encryption
This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login details or contact requests that you send to us as the website operator. You can recognise an encrypted connection by your browser’s address bar reading „https://“ instead of „http://“ and the lock symbol in the browser bar.
We use this technology to protect your transmitted data.
4.2 Data collection when visiting the website
If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the data your browser sends our server (in what is known as „server log files“). Our website collects a range of general data and information each time you access a website or an automated system. This general data and information is stored in the server’s log files. It may be collected.
- the browser types and versions used,
2. the operating system used by the accessing system,
3. the website from which an accessing system accesses our website (called a referrer),
4. the sub-pages accessed via an accessing system on our website,
5. the date and time the website is accessed,
6. an internet protocol address (IP address) and
7. the accessing system’s internet service provider.
No conclusions are drawn about you when using this general data and information. Instead, this information is needed to
- properly deliver our website content,
2. to optimise the content of the website as well as to advertise it,
3. to ensure the continued functioning of our information technology systems and our website’s technology as well as to
4. provide the information necessary for law enforcement authorities to prosecute in the event of a cyber-attack.
This collected data and information is therefore statistically analysed and further analysed by us with the aim of increasing data protection and data security within our company to ultimately ensure an optimum level of protection for the personal data being processed by us. The data from the server log files is stored separately from all personal data provided by a data subject.
The legal basis for data processing is Article 6 Paragraph 1 Sentence 1(f) GDPR. Our legitimate interest is based on the purposes listed above for the collection of data.
5.1 General information about cookies
Information generated from the specific device used is stored in cookies. This does not mean, however, that we will gain immediate knowledge of your identity.
We also use temporary cookies to optimise user-friendliness. These cookies are stored on your device for a specific period of time. If you return to our website to use our services, cookies allow us to automatically recognise that you have visited our website previously and remember the inputs and settings you have made so that you do not have to enter them again.
The data processed by cookies, which are required for the proper functioning of the website, are to safeguard our legitimate interests pursuant to Article 6 Paragraph 1 Sentence 1(f) GDPR.
For all other cookies you have given your consent to this through our opt-in cookie banner in accordance with Article 6 Paragraph 1(a) GDPR.
6. Contents of our website
6.1 Contact/contact form
Personal data is collected when you contact us (e.g. using our contact form or by email). If you use a contact form to get in touch with us, the contact form you use will indicate the data being collected. This data is stored and used exclusively for the purpose of responding to your query or establishing contact and the associated technical administration. The legal basis for data processing is our legitimate interest in responding to your request pursuant to Article 6 Paragraph 1(f)f GDPR. If the aim of you contacting us is to conclude a contract, processing is also legally based on Article 6 Paragraph 1(b) GDPR. Your data will be erased once we have finished processing your query. This is the case when it can be inferred from the circumstances that the relevant facts have been clarified in a conclusive manner and there are no statutory retention obligations in place that prevent its erasure.
7. Web analytics
7.1 Google Analytics
We use Google Analytics, a web analytics service provided by Google Ireland Limited (https://www.google.com/about/) (Gordon House, Barrow Street, Dublin 4, Ireland; hereinafter referred to as „Google“), on our website. As part of this, pseudonymised user profiles are created and cookies (see the section on „Cookies“) are used. The information generated by the cookie about your use of this website, such as your browser
- browser type/version
2. operating system
3. referrer URL (website previously visited), host
4. name of the accessing computer (IP address) and
5. time of server request,
is transmitted to a Google server in the US and stored there. This information is used to evaluate your use of this website, to compile reports on the website activities, and to perform further services linked to website and internet use for market research purposes and to tailor the design of this website. This information may also be sent to third parties if this is legally required or if third parties process this data on behalf of Google. Under no circumstances will your IP address be associated with any other data. IP addresses are anonymised so that it is not possible to assign them to individuals (known as IP masking).
These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.
You can also prevent the data generated by the cookie about your use of the website (including your IP address) from being sent to and processed by Google by downloading and installing the available browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from capturing data by clicking on the following link: Deactivate Google Analytics. This sets an opt-out cookie that prevents the future collection of your data when visiting this website. The opt-out cookie is only valid on this browser and only for our website and is stored on your device. If you erase the cookies stored for this browser, you will need to reset the opt-out cookie.
Additional information on data protection with respect to Google Analytics is available on the Google Analytics website in the help section (https://support.google.com/analytics/answer/6004245?hl=en).
7.2 Use of SalesViewer® technology
This website uses SalesViewer® technology from SalesViewer® GmbH on the basis of the website operator’s legitimate interests (Section 6 paragraph 1 lit.f GDPR) in order to collect and save data on marketing, market research and optimisation purposes.
The data stored by Salesviewer will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them.
The data recording and storage can be repealed at any time with immediate effect for the future, by clicking on https://www.salesviewer.com/opt-out in order to prevent SalesViewer® from recording your data. In this case, an opt-out cookie for this website is saved on your device. If you delete the cookies in the browser, you will need to click on this link again.
8. Plugins and other services
8.1 Google Maps
We use Google Maps (API) on our website, provided through Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Maps is a web service for displaying interactive maps to visually display geographic information. For example, by using this service, you can view our location and make it easier for you to reach us.
When you access sub-pages in which a Google Maps map is integrated, information about your use of our website (such as your IP address) is transferred to Google’s servers in the US and stored there. This occurs regardless of whether Google provides a user account that you are logged in to or whether you have no user account with them at all. When you are logged in to Google, your information will be directly associated with your account. If you do not want your profile associated with Google, you will need to log out of your Google account. Google stores your data (even for users who are not logged in) as usage profiles and analysis it. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right.
Google Ireland Limited, headquartered in Ireland, is certified under the „Privacy Shield“, a US-European data protection accord which ensures compliance with the data protection level applicable in the EU.
These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.
We use “Shopify” to host our shop system.
The legal basis is Art. 6 para. 1 lit. b) GDPR.
„Shopify“ is the service of a group of companies consisting of the companies Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc., Shopify (USA) Inc., Shopify Commerce Singapore Pte. Ltd., and Shopify International Limited.
As we are located in the European Economic Area (EEA), processing is carried out by Shopify International Limited, Ireland, hereinafter referred to only as „Shopify“.
However, due to the interconnection of the companies, it cannot be ruled out that processing will also take place in Canada and the USA, i.e. outside the EEA. However, when the data is transmitted to Shopify Inc., Canada, an appropriate level of data protection is guaranteed by the adequacy decision of the European Commission.
Shopify processes the following data on our behalf:
Name, billing and, if applicable, delivery address, email address, payment details, possibly company name, possibly telephone number, IP address, information about orders, information about the shops supported by Shopify that you visit, as well as information about your device and your internet browser.
At https://www.shopify.de/legal/datenschutz Spotify offers further data protection information.
Our email newsletters are sent via the technical service provider The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (https://www.mailchimp.com/), to whom we forward the data you provided when registering for the newsletter. This disclosure is made in accordance with Article 6 Paragraph 1(f) GDPR and serves our legitimate interest in the use of an effective, secure and user-friendly newsletter system. Please note that your data is usually transferred to a MailChimp server in the US and stored there.
MailChimp uses this information to send and statistically analyze our newsletter on our behalf. For analysis purposes, the emails sent contain what are known as web beacons or tracking pixels, which are one-pixel image files stored on our website. This allows us to see whether a newsletter email has been opened and what links have been clicked. Technical information is also recorded (e.g. date and time of access, IP address, browser type and operating system). This data is exclusively collected on a pseudonymous basis and will not be linked to your other personal data. It is not possible to use the data collected to identify you. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better tailor future newsletters to the interests of recipients.
If you wish to object to the analysis of data for statistical evaluation purposes, you must unsubscribe from the newsletter.
Furthermore, MailChimp may use this data itself in accordance with Article 6 Paragraph 1(f) GDPR on the basis of its own legitimate interest in designing a service commensurate with market needs and optimizing the service as well as for market research purposes in order to determine, for example, the countries from which newsletter recipients come. However, MailChimp does not use our newsletter recipients? data to address them directly, nor does it disclose their data to third parties.
To protect your data in the US, we have concluded a data processing agreement („Data Processing Agreement“) with MailChimp based on the standard contractual clauses of the European Commission to enable the transfer of your personal data to MailChimp. If interested, this Data Processing Agreement is available online at the following link: https://mailchimp.com/legal/data-processing-addendum/.
In addition, MailChimp is certified under the „Privacy Shield“, a US-European data protection agreement, and is therefore bound to compliance with EU data protection regulations.
10. Your rights as a data subject
10.1 Right to confirmation
You have the right to request confirmation from us as to whether personal data relating to you will be processed.
10.2 Right to information (Article 15 GDPR)
You have the right to obtain information about the personal data stored about you at any time, free of charge, as well as the right to access a copy of such data from us, in accordance with the statutory provisions.
10.3 Right to rectification (Article 16 GDPR)
You have the right to request the immediate rectification of incorrect personal data relating to yourself. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing.
10.4 Erasure (Article 17 GDPR)
You have the right to demand that we erase the personal data relating to you be deleted without delay, provided that one of the reasons provided by law applies and if processing or further storage is not required.
10.5 Restriction to processing (Article 18 GDPR)
You have the right to request that we restrict the processing of your data if one of the legal requirements is met.
10.6 Data transferability (Article 20 GDPR)
You have the right obtain personal data relating to you that you provided us in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance by us, to whom the personal data was provided, provided that the processing is based on the consent pursuant to Article 6 Paragraph 1(a) GDPR or Article 9 Paragraph 2(a) GDPR or on a contract pursuant to Article 6 Paragraph 1(b) GDPR, and the data are processed using automated procedures, unless processing is necessary to complete a task, is in the public interest or is carried out in the exercise of an official authority assigned to us.
Furthermore, when exercising your right to data transferability pursuant to Article 20 Paragraph 1 GDPR, you have the right to have personal data transferred directly from one controller to another, provided this is technically feasible and does not impede the rights and freedoms of other persons.
10.7 Objection (Article 21 GDPR)
You have the right to lodge an objection to the processing of personal data relating to you for reasons relating to your particular situation where this is done on the basis of Article 6 Paragraph 1(e) (data processing in the public interest) or (f) (data processing on the basis of the weighing of legitimate interests) GDPR.
This also applies to profiling based on these provisions pursuant to Article 4 Number 4 GDPR.
Should you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling and legitimate reasons for such processing that outweigh your interests, rights and freedoms, or where processing serves the assertion, exercise or defence of legal claims.
In individual cases, we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling where this is connected to this kind of direct marketing. Should you object to the processing of your data for direct marketing purposes, we will no longer process your personal data for this purpose.
In addition, you have the right to object to our processing of your personal data for scientific or historical research purposes or for statistical purposes pursuant to Article 89 Paragraph 1 GDPR for reasons arising from your particular situation, unless such processing is necessary for the performance of a task in the public interest.
You are free to exercise your right to lodge an objection in relation to the use of information society services, Directive 2002/58/EC notwithstanding, by means of automated procedures using technical specifications.
10.8 Revocation of consent regarding data protection
You have the right to revoke any consent to the processing of personal data at any time with future effect.
10.9 Lodging a complaint with a supervisory authority
You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.