Privacy policy

Name and contact details of the controller

This data protection information applies to the data processing by / person in charge:

Ditoma GmbH, Mauserstraße 6/2, 71640 Ludwigsburg

Collection and storage of personal data as well as type and purpose of their use when visiting the website

When you call up our website www.smartcupps.com, the browser used on your terminal device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is recorded without your intervention and stored until it is automatically deleted:

• • IP address of the requesting computer,
  • date and time of access,
  • name and URL of the retrieved file,
  • Website from which the access takes place (referrer URL),

We process the above-mentioned data for the following purposes:

• • Guarantee of a smooth connection of the website,
  • Guarantee of a comfortable use of our website,
  • evaluation of system security and stability and

The legal basis for the data processing is Art. 6 para. 1 sentence 1 letter f DSGVO. Our legitimate interest follows from the above-mentioned purposes for data collection. Under no circumstances do we use the data collected under 2) for the purpose of drawing conclusions about your person.

Furthermore, we use cookies and analysis services when you visit our website. You will find more detailed explanations on this under points 4 and 5 of this data protection declaration.

Forwarding data

Your personal data will not be transferred to third parties for purposes other than those listed below.

We will only pass on your personal data to third parties if:

• the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
• in the event that there is a legal obligation to pass on the data in accordance with Art. 6 Para. 1 S. 1 lit. c DSGVO, and

this is legally permissible and required for the processing of contractual relationships with you in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO.

Cookies

We use cookies on our website. These are small files that are automatically created by your browser and stored on your end device (laptop, tablet, smartphone or similar) when you visit our site. Cookies do not cause any damage to your terminal device, do not contain viruses, Trojans or other malware.

Information is stored in the cookie that is related to the specific terminal device used. This does not mean, however, that we are immediately informed of your identity.

The use of cookies serves on the one hand to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted when you leave our site.

In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your end device for a certain defined period of time. If you visit our site again to make use of our services, it is automatically recognised that you have already been with us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies in order to statistically record the use of our website and to evaluate it for the purpose of optimising our services for you (see section 5). These cookies enable us to automatically recognize that you have already been with us when you visit our site again. These cookies are automatically deleted after a defined time.

The data processed by cookies is required for the above-mentioned purposes to protect our legitimate interests and those of third parties in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO.

Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or so that a message always appears before a new cookie is created. However, completely deactivating cookies may mean that you cannot use all the functions of our website.

Analysis tools

The tracking measures listed below and used by us are carried out on the basis of Art. 6 para. 1 sentence 1 lit. f DSGVO. With the tracking measures used, we want to ensure that our website is designed to meet the needs of our customers and is continuously optimised. On the other hand, we use the tracking measures to record the use of our website statistically and evaluate it for the purpose of optimising our offer for you. These interests are to be regarded as justified in the sense of the aforementioned regulation.

The respective data processing purposes and data categories can be taken from the corresponding tracking tools.

<(a) Google Analytics

For the purpose of designing our pages to meet your needs and continuously optimizing them, we use Google Analytics, a web analysis service provided by Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymised user profiles are created and cookies (see section 4 below) are used. The information generated by the cookie about your use of this website such as

• Referrer-URL (the previously visited page),
• Hostname of the accessing computer (IP address),
• time of the server request,

are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on the website activities and to provide further services associated with the use of the website and the Internet for the purposes of market research and demand-oriented design of these Internet pages. This information may also be transferred to third parties where required by law or where third parties process this data on our behalf. Under no circumstances will your IP address be merged with other data from Google. The IP addresses are made anonymous, so that an assignment is not possible (IP masking).

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).

As an alternative to the browser add-on, especially in the case of browsers on mobile devices, you can also prevent Google Analytics from collecting this data by clicking on this link. An opt-out cookie is set to prevent the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you will need to set the opt-out cookie again.

Further information on data protection in connection with Google Analytics can be found in the Google Analytics help file (https://support.google.com/analytics/answer/6004245?hl=de).

<b) Google Adwords conversion tracking

In order to statistically record the use of our website and evaluate it for the purpose of optimizing our website for you, we also use Google Conversion Tracking. Google Adwords sets a cookie (see point 4) on your computer if you have reached our website via a Google ad.

These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords client’s website and the cookie has not yet expired, Google and the client can recognize that the user clicked on the ad and was redirected to that page.

Every Adwords customer receives a different cookie. Cookies can therefore not be tracked through the websites of Adwords clients. The information collected with the conversion cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. The Adwords customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

If you do not wish to participate in the tracking process, you may refuse to accept cookies, for example, by changing your browser setting to disable automatic cookies. You can also disable cookies for conversion tracking by setting your browser to block cookies from the domain “www.googleadservices.com“. Google’s privacy policy on conversion tracking can be found here (https://services.google.com/sitestats/de.html).

Rights of persons concerned

• • in accordance with Art. 15 DSGVO to request information about your personal data processed by us. In particular, you may request information on the purposes of the processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned duration of storage, the existence of a right of rectification, cancellation, restriction of processing or opposition, the existence of a right of appeal, the origin of your data, if not collected by us, as well as the existence of automated decision making including profiling and, if applicable, meaningful information on the details thereof;

• in accordance with Art. 17 DSGVO to demand the deletion of your personal data stored with us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
• in accordance with Art. 18 DSGVO, to demand the restriction of the processing of your personal data if the accuracy of the data is disputed by you, the processing is unlawful but you refuse to delete it and we no longer require the data, but you require it for the assertion, exercise or defence of legal claims or you have lodged an objection to the processing in accordance with Art. 21 DSGVO;
• in accordance with Art. 20 DSGVO to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another responsible party;
• according to Art. 7 para. 3 DSGVO to revoke your once given consent to us at any time. As a result, we may no longer continue the data processing based on this consent for the future and

to complain to a supervisory authority in accordance with Art. 77 DSGVO As a rule, you can turn to the supervisory authority of your usual place of residence or workplace or to the supervisory authority of our registered office.

Newsletter and promotional address

If you register for one of our newsletters, we use the data you provide with your express consent to send you the respective newsletter. The newsletter contains current offers and information from smartCUPPS. The personalised newsletter contains interesting offers, trends, actions, tips and voluntary opinion polls.

For the dispatch of the personalised newsletter we use the so-called double opt-in procedure, i.e. we will only send you a newsletter by e-mail if you have previously expressly confirmed that you want us to activate the newsletter service. After your initial registration for the newsletter, we will first send you a notification e-mail and ask you to confirm that you actually wish to receive our newsletter by clicking on a link contained in this e-mail. When you register for our newsletter, we store your IP address and the date of registration. This storage is solely for the purpose of proof in the event that a third party misuses your e-mail address to register you for the newsletter without your knowledge or authorization.

If at any time you no longer wish to receive newsletters from us, you can revoke your consent at any time with effect for the future free of charge, without incurring any costs other than the transmission costs according to the basic rates. An unsubscribe link for this can also be found in every newsletter. Furthermore, you can revoke your consent at any time by sending an e-mail to widerspruch@smartcupps.com without incurring costs above the basic tariff.

The legal basis for the aforementioned data processing is your consent in accordance with Art. 6 Para. 1 a) DSGVO.

We use commercially available technologies in our newsletter with which the interactions with the newsletter can be measured (e.g. opening of the e-mail, links clicked on). We also use this data in pseudonymous form for general statistical evaluations as well as for the optimisation and further development of our content and customer communication. This is done by means of small graphics embedded in the messages (so-called pixels). The data will be collected in a personalised way if you have given your consent (see above), i.e. the IDs will be linked to your other personal data and a direct personal link will be established.

The legal basis for the above-mentioned data processing is a legitimate interest according to Art. 6 Par. 1 f) DSGVO.

Integration of YouTube videos

We have embedded videos in our website that are stored on YouTube and can be played directly from our websites. YouTube is a multimedia service provided by YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA (“YouTube”), a subsidiary of Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). In the event that personal data is transferred to the U.S., Google and its YouTube subsidiary have submitted to the EU-US Privacy Shield. The legal basis is Art. 6 para. 1 sentence 1 f) DSGVO, based on our legitimate interest in the integration of video and image content.

By visiting our website, YouTube and Google receive the information that you have called up the corresponding subpage of our website. This is done regardless of whether you are logged on to YouTube or Google or not. YouTube and Google use this data for purposes of advertising, market research and demand-oriented design of their websites. If you visit YouTube on our website while you are logged in to your YouTube or Google profile, YouTube and Google may also link this event to the respective profiles. If you do not want this assignment to take place, it is necessary for you to log out of Google before you visit our website.

As shown above, you can configure your browser to reject cookies, or you can prevent the collection of data generated by cookies and related to your use of this website and the processing of this data by Google by deactivating the button “Personalised advertising on the web” in the Google settings for advertising. In this case, Google will only display non-individualized advertising.

For more information, please see Google’s Privacy Notice, which also applies to YouTube.

Sample orders/sample boxes

If you would like to convince yourself of the outstanding quality of our smartCUPPS products, we will be happy to send you free samples for testing purposes. We will use the data you provide us with in the order form Probebox exclusively for the registration and further processing of your Probebox order. By requesting the sample box you do not enter into any further obligation.

In order to ensure you an optimal and personal product consultation and to adjust your individual needs, we assume your agreement that we contact you by phone or email after your request for a sample box. During this contact we will also record all relevant, further required data so that we can send you the selected smartCUPPS products free of charge. For further questions and possible additional requirements we will contact you again after some time.

If, contrary to expectations, you have no further need after working with smartCUPPS, we will of course delete your data from our sample box list of interested parties.

Order form

If you would like to send us a specific order for individual smartCUPPS products, you are very welcome to use the order form. In order to ensure that you receive the best possible product advice and, if necessary, to clarify your personal conditions (prices, delivery conditions) together with you, we assume that you agree to us contacting you by telephone or email after your order. During this contact, we will also collect all further necessary data so that we can send you the selected smartCUPPS products as requested.

If, contrary to expectations, you have no further need after working with smartCUPPS, we will of course delete your data from our list of interested parties.

Right of objection

If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, if there are reasons for doing so that arise from your particular situation or if the objection is directed against direct advertising. In the latter case, you have a general right of objection, which will be implemented by us without indicating a special situation.

If you wish to exercise your right of revocation or objection, simply send an e-mail to widerspruch@smartcupps.com

Data security

We use the common SSL (Secure Socket Layer) method in connection with the highest encryption level supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is being transmitted in encrypted form by the closed display of the key or lock symbol in the lower status bar of your browser.

We also use suitable technical and organisational security measures to protect your data against accidental or deliberate manipulation, partial or complete loss, destruction or unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

Update and change of this privacy policy

This privacy policy is currently valid and has the status of March 2020.

It may become necessary to amend this data protection declaration as a result of the further development of our website and offers above or due to changes in legal or official requirements. The current data protection declaration can be called up and printed out at any time on the website under https://www.smartcupps.com/datenschutz.

Questions to the Data Protection Officer

If you have any questions regarding data protection, please write us an e-mail or contact our data protection officer, Mr. Mario Forst, who can be reached by e-mail at datenschutzbeauftragter [at] ditoma.de.

This privacy policy was created with partial support of the generator of activemind AG.