Privacy Policy We are delighted to note your interest in our company. Data protection is particularly high priority for the management of JOSS products & service GmbH. It is in general possible to use the JOSS products & service GmbH internet pages without providing any personal data. Where a data subject wishes to access particular services provided by our company, however, the processing of personal data may be necessary. If the processing of personal data is necessary, and there is no legal basis for such processing, we generally obtain consent from the data subject. The processing of personal data, for example the name, address, email address or telephone number of a data subject, is always in accordance with the General Data Protection Regulation and in line with the country-specific data protection provisions that apply for JOSS products & service GmbH. The purpose of this Privacy Policy is to provide information about the nature, scope and purpose of the processing of data collected, used and processed by our company. This Privacy Policy also sets out the right off data subjects. As the controller, JOSS products & service GmbH has implemented several technical and organisational measures to ensure that the processing of personal data via this website is as seamless as possible. Despite this, internet-based data transmission can always be subject to security vulnerabilities, which means that complete protection cannot be guaranteed. For this reason, each data subject has the option to provide personal data to in alternative ways, for example over the phone. 1. Terminology The JOSS products & service GmbH Privacy Policy is based on the based on the terminology used by the European Data Protection legislative bodies when adopting the General Data Protection Regulation (GDPR). Our Privacy Policy should be easily legible and understandable for both the public and for our customers and business partners. To guarantee this, we first wish to explain the terminology used. In this Privacy Policy, the terms used include: • a) Personal data means any information relating to an identified or identifiable natural person (referred to as the ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. • b) Data subject Data subject means any identified or identifiable natural person whose personal data is processed by the controller • c) Processing Processing means any operation or set of operations performed on personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. • d) Restriction of processing Restriction of processing means the marking of stored personal data with the purpose of limiting their processing in the future. • e) Profiling Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. • f) Pseudonymisation Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. • g) Controller or processing controller Controller or processing controller ’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. • h) Processor Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. • i) Recipient Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients. • j) means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data. • k) Consent Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes in the form of a statement or other clear affirmative action by which the data subjects signify agreement to the processing of personal data relating to them. 2. The name and address of the controller as defined by the General Data protection Regulation, by other data protection regulations applicable in the member states of the European Union and by other provisions of a legal data protection nature is: JOSS products & service GmbH Tilsiter Weg 4 48612 Horstmar Germany Tel.: +49 (0) 02558-9979244 Email: info@joss.de Website: www.joss.de and www.einarmiger-bandit24.de 3. Collection of general data and information The JOSS products & service GmbH website collects a series of general data and information through an automated system each time a data subject visits the website. These general data and information are stored in the log files of the server. The following may be collected (1) 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 (known as the ‘referrer’), (4) the sub-websites that are controlled via an accessing system on our website, (5) the date and time of access to the website, (6) and Internet Protocol address (IP address), (7) the Internet Service Provider of the accessing systems, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems. When using these general data and information, JOSS products & service GmbH draws no conclusions concerning the data subject. Rather, this information is needed to (1) provide the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the ongoing functioning of our information technology systems and the technology of our website (4) to provide the law enforcement authorities with the information necessary for prosecution in the event of a cyber-attack. JOSS products & service GmbH on the one hand analyses these anonymously collected data and information for statistical purposes, and also with the aim of increasing data protection and data security within our company and so ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data from the server log files are saved separated from all personal data provided by a data subject. 4. Registration on our website The data subject has the possibility to register on the controller’s website by providing personal data. Which personal data are then transmitted to the controller is determined by the respective input screen used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for the controller’s own purposes. The controller may arrange for the data to be transmitted to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller. By registering on the controller’s website, the IP address assigned by the data subject’s Internet Service Provider (ISP), the date as well as the time of registration are also stored. These data are stored against the background that only in this way can the misuse of our services be prevented and, if necessary, these data makes it possible to clarify criminal offences that have been committed. In this respect, the storage of these data is necessary to safeguard the controller. These data will not generally be passed to third parties unless there is a legal duty to do so, or these data are passed on to serve a prosecution. Registration of the data subject by voluntarily providing personal data enables the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered individuals are free to modify the personal data provided during registration at any time or to have them completely deleted from the controller's database. On request, the controller provides every data subject with information concerning which personal data concerning the data subject are stored. The controller also rectifies or erases personal data at the request or notification of the data subject, provided that this does not conflict with any statutory retention obligations. All the controller’s staff are available as a contact for the data subject in this regard. 5. Contact possibility via the website Based on statutory provisions, the JOSS products & service GmbH website contains data that enable a speedy electronic contact with our company, as well as direct communication with us, which also includes a general address for ‘electronic mail’ (email address). Where a data subject contacts the controller via email or in a contact form, the personal data transmitted by the data subject are stored automatically. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purposes of processing or for contact with the data subject. These personal data are not passed to third parties. 6. Routine erasure and blocking of personal data The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of the storage, or where provided for by the European legislative body or other legislator in laws or regulations to which the controller is subject. If the purpose of storage no longer applies or if a storage period prescribed by the European legislative body or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory provisions. 7. Rights of the data subject • a) Right to confirmation Every data subject has the right conferred by the European legislative body to request confirmation from the controller as to whether the data subject’s personal data are processed. If a data subject wishes to exercise this right to confirmation, a member of the controller’s staff can be contacted at any time. • b) Right of access Each data subject concerned by the processing of personal data has the right conferred by the European legislative body to receive information from the controller at no cost and at any time regarding the personal about him that is saved, and to receive a copy of this information. The European legislative body has further granted the data subject access to the following information: o the purposes of the processing o the categories personal of personal data that are processed o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations o if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria for determining this duration o the existence of a right to rectification or erasure of personal data or restriction of the processing by the controller, or a right to object to this o the existence of a right to lodge a complaint with a supervisory authority o if the personal data were not collected from the data subject: all available information concerning the origin of the data o the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) GDPR — as a minimum in these cases — meaningful information about the logic involved and the scope and intended effects of such processing for the data subject. The data subject further has a right of access as to whether personal data has been transmitted to a third country or an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in relation to the transmission. If a data subject wishes to exercise this right to access, a member of the controller’s staff can be contacted at any time. • c) Right to rectification Each data subject concerned by the processing personal data has the right conferred by the European legislative body to request immediate rectification of inaccurate personal data concerning him. The data subject further has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data — including by means of a supplementary declaration. If a data subject wishes to exercise this right to rectification, a member of the controller’s staff can be contacted at any time. • d) Right to erasure (right to be forgotten) Each data subject concerned by the processing personal data has the right conferred by the European legislative body to request from the controller that his personal data be erased immediately where one of the following reasons applies and insofar as the processing is not necessary: o Personal data were collected for otherwise processed for such purposes for which they are no longer necessary. o The data subject withdraws consent on which processing was based in accordance with Article (1) GDPR or Article. 9(2)(a) GDPR, and there is no other legal basis for the processing. o The data subject objects to the processing in accordance with Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21(2) GDPR. o The personal data were processed unlawfully. o The erasure of the personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject. o The personal data were collected in relation to the offer of information society services in accordance with Article 8(1) GDPR. Where one of the reasons above applies and a data subject wants personal data held by JOSS products & service GmbH to be erased, an employee of the controller can be asked to arrange this at any time. The staff of JOSS products & service GmbH will arrange for immediate fulfilment of the erasure request. If JOSS products & service GmbH has disclosed the personal data, and if our company as the controller in accordance with Article 17(1) GDPR is obliged to erase the personal data, JOSS products & service GmbH will, taking into account the available technology and implementation costs, take appropriate (technical) measures to inform other controllers who process the published personal data that the data subject has requested these other controllers to erase all links to these personal data and copies or duplications of these personal data, insofar as the processing is not necessary. The staff of JOSS products & service GmbH will arrange the necessary in individual cases. • e) Right to restriction of the processing Each data subject concerned by the processing of personal data has the right conferred by the European legislative body to request the controller to restrict processing where one of the following conditions applies: o the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. o the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead. o The controller no longer needs the personal data for the purposes of processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;. o The data subject has objected to the processing in accordance with Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. Where one of the conditions above applies and a data subject wishes to request the restriction of personal data held by JOSS products & service GmbH, an employee of the controller may be contacted at any time. The staff of JOSS products & service GmbH will arrange the restriction of processing. • f) Right to data portability Each data subject concerned by the processing of personal data has the right conferred by the European legislative body to receive the personal data provided by the data subject to a controller in a structured, commonly used and machine-readable format . The data subject also has the right to transmit these data to another controller without hindrance from the controller to which the personal data have been provided, insofar as the basis for processing is consent in accordance with Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract in accordance with Article 6(1)(b) GDPR, and the processing uses automated processes, unless the processing 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. When exercising the right to data portability, the data subject further has the right, in accordance with Article 20(1) GDPR to have the personal data transmitted directly from one controller to another, where technically feasible, and provided that this does not adversely affect the rights and freedoms of other persons. The data subject can contact an employee of JOSS products & service GmbH at any time to exercise the right to data portability. • g) Right to object Each data subject concerned by the processing of personal data has the right conferred by the European legislative body to object, on grounds relating to their particular situation, at any time to the processing of their personal data which is based on Article 6(1)(e) or (f) GDPR. This also applies in the case of profiling based on these provisions. JOSS products & service GmbH will no longer process the personal data in the event of objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims Where JOSS products & service GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for the purposes of such marketing. This also applies for profiling where it is on connection with such direct marketing. Where the data subject submits an objection to JOSS products & service GmbH to processing for the purposes of direct marketing, JOSS products & service GmbH will no longer process the personal data for these purposes. The data subject further has the right to object, on grounds relating to their particular situation, to the processing of their personal data by JOSS products & service GmbH for scientific or historical research purposes of for statistical purposes in accordance with Article 89(1) GDPR, unless such processing is necessary for the fulfilment of a task in the public interest. The data subject can contact any employee of JOSS products & service GmbH directly, or another employ, at any time to exercise the right to objection. The data subject is further free, in connection with the use of services of the information society and notwithstanding Directive 2002/58/EC, to exercise his right to object by means of an automated process using technical specifications. • h) Automated decision-making in individual cases, including profiling Each data subject concerned by the processing of personal data has the right conferred by the European legislative body not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning him or similarly significantly affects him, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the express consent of the data subject. If the decision is (1) necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) based on the express consent of the data subject, JOSS products & service GmbH will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to exercise rights with respect to automated decision-making, a member of the controller’s staff can be contacted at any time. • i) Right to withdraw consent under data protection law Each data subject concerned by the processing of personal data has the right conferred by the European legislative body to withdraw their consent for the processing of personal data at any time. If a data subject wishes to exercise their right to withdraw consent, the member of the controller’s staff can be contacted at any time. 8. Data protection provisions on the use and application of Google Analytics (with anonymisation function) The controller has integrated Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis means the recording, collecting and evaluation of data concerning the behaviour of visitors to websites. Among other things, a web analysis service records data concerning the website from which a data subject landed on a website (the ‘referrer’), which sub-ages of the website were accessed or how often and for what duration a sub-page was viewed. Web analysis is used predominantly to optimise a website and for the cost/benefits analysis of online advertising. The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The controller uses the supplement ‘gat._anonymizeIp’ for web analysis via Google Analytics. This supplement is used by Google to truncate and anonymise the data subject’s internet connection IP address when access to our web pages is from a member state of the European Union or from another state party to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyse visitor flows to our website. Google uses the data and information obtained to evaluate our website, to compile online reports for us which shows activities on our web pages, and to provide other services in relation to the use of our website. Google Analytics places a cookie on the data subject’s information technology system. Cookies were explained above. Placing cookies enables Google to analyse the use of our website. Every time there is access to one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the data subject’s information technology is triggered by the respective Google Analytics component to transmit data to Google for the purposes of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission calculations. Cookies are used to store personal information such as the time of access, the location from which access was obtained and the frequency of visits to our web pages by the data subject. Each time our web pages are visited, these personal data, including the IP address of the internet connection used by the data subject, are transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. In certain circumstances, Google may share this personal data collected via the technical process with third parties. The data subject may prevent the use of cookies by our website, as set out above, at any time by means of the corresponding setting in the internet browser used, and thus object permanently to the use of cookies. Such a setting in the internet browser used would also prevent Google from placing a cookie on the data subject’s information technology system. In addition, a cookie already placed by Google Analytics can be deleted at any time via the internet browser or other software programs. The data subject further has the option to object to and prevent the recording of data related to the use of this website generated by Google Analytics and the processing of these data by Google. To do this, the data subject must download and install a browser add on via this link: https://tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics via JavaScript that no data and information concerning visits to the website may be transmitted to Google Analytics. Google considers installation of the browser add-on to be an objection. If the data subject’s information technology system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the data subject, or another person within his control, uninstalls or deactivates the browser add-on, the browser add-on can be reinstalled or reactivated. Further information and the applicable data protection provisions of Google can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail via this link https://www.google.com/intl/de_de/analytics/. 9. Payment method: Data protection provisions with respect to PayPal as the payment method The controller has integrated components from PayPal on this website. PayPal is an online payment services provider. Payments are processed via ‘PayPal accounts’, which represent virtual private or business accounts. PayPal also offer the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed through an email address which is why there is no standard account number. PayPal makes it possible to initiate online payments to third parties or to receive payments. PayPal also assumes trustee functions and offers buyer protection services. The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg. If during the ordering process in our online shop, the data subject selects ‘PayPal’ as the payment option, data concerning the data subject are transmitted automatically to PayPal. By choosing this payment option, the data subject consents to the transmission of personal data as necessary to process the payment. Personal data transmitted to PayPal generally concerns first name, surname, address, email address, IP address, telephone number, mobile phone number or other data which are necessary to process the payment. To process the purchase contract, personal data related to the particular order are also necessary. The purpose of the transmission of data is payment processing and fraud prevention. The controller will transmit personal data to PayPal in particular where there is a legitimate interest for the transmission. In certain circumstances, PayPal may transmit the personal data exchanged between PayPal and the controller to credit reference agencies. The purpose of this transmission is to verify identity and credit-worthiness. Where necessary, PayPal also shares the personal data with affiliated companies and service providers or sub-contractors where this is necessary to fulfil the contractual obligations, or where the data are to be processed on its behalf. The data subject has the option to withdraw consent from PayPal for the use of personal data at any time. Withdrawal of consent does not affect personal data that must be used or transmitted for the (contractual) processing of a payment. The applicable data protection provisions of Google can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full. 10. The legal basis for processing in accordance with Article 6(I)(a) GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the fulfilment of a contract where the party to the contract is the data subject, as is the case with processing operations for example, which are necessary for the supply of goods or the delivery of another service or consideration, the basis for processing is Article 6(I)(b) GDPR. This applies equally to those processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products of services. Where our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax-related obligations, the basis for processing is Article 6(I)(c) GDPR. On rare occasions, the processing of personal data may become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were to be injured on our premises and their name, age, health insurance details or other vital information subsequently had to be passed to a doctor, a hospital or other third party. The processing would then be based on 6(I)(d) GDPR. Finally, the basis for processing operations may be Article 6(I)(f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. Such processing operations are permitted for us in particular because they have been mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR). 11. Legitimate interests in the processing pursued by the controller or a third party If the basis for the processing of personal data is Article 6 (I)(f) GDPR, our legitimate interest is the conduct of our business for the benefit of the welfare of all our employees and our shareholders. 12. Duration of retention of personal data The criterion for the duration of retention of personal data is the respective statutory retention period. On expiry of this period, the corresponding data is routinely erased if it is no longer required for the fulfilment or initiation of the contract. 13. Legal or contractual regulations governing the provision of personal data; necessity for the conclusion of the contract; obligation on the part of the data subject to provide the personal data; possible consequences of non-provision We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). To conclude a contract, a data subject may sometimes have to provide us with personal data which we must subsequently process. For example, the data subject is obliged to provide us with personal data when concluding a contract with our company. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. The data subject must contact one of our staff members to provide data subject personal data. Our staff member will inform the data subject on a case-by-case basis whether the provision of personal data is a statutory or contractual requirement or is necessary for conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of failure to provide personal data. 14. Existence of automated decision-making As a responsible company, we do not use automated decision-making or profiling. This Privacy Policy was created by the Privacy Policy Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Memmingen, in cooperation with the data protection lawyer Christian Solmecke