Data protection
The privacy policy of this website.

Data protection

This data protection declaration informs you about the type, scope and purpose of the processing of personal data within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter collectively referred to as “online offer”).

I. Definitions

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); A natural person is considered identifiable if he or she 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 (e.g. cookie) or one or more special features, which are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person. As far as “data” is mentioned below, this always refers to personal data.

“Processing” is any operation or series of operations carried out in connection with personal data, whether or not using automated procedures. The term is broad and encompasses virtually every way data is handled.

The “responsible person” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

>Visitors and users of our online offering are referred to as “users”.

“GDPR” is the General Data Protection Regulation.

II. Responsible person

Name/Company: Bit&Black, brand of WirbelWild GbR
Street, No.: Überkinger Straße 4
Postal code City Country: 70372 Stuttgart
Managing Director: Deborah Köngeter and Tobias Köngeter
Telephone number: |||Zch+%5D+f%60%60+%5D+hh+da+ge%5Ceg
E-mail address: |||96%3D%3D%40o3%3AE2%3F53%3D24%3C%5D4%40%3E

III. Types of data processed

  1. Every time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

    The following data is collected:

    • Information about the browser type and version used;
    • The user's operating system;
    • The user's Internet service provider;
    • The user's IP address;
    • Date and time of access;
    • Websites from which the user's system accesses our website;
    • Websites that are accessed by the user's system via our website.
  2. If a contract is concluded, we also collect and process the following data:
    • Name (including first and last name of contact persons), address, telephone and fax number, email address, VAT identification number.
    • As far as the provision of contractual services is concerned, we process inventory data (e.g., name — including first and last name) of contact persons, address, telephone and fax number, email address, date of birth of contact persons, VAT identification number) and contract data (e.g., used services, payment information).

IV. Purpose of data processing

  1. As far as the use of our website is concerned, we generally only process our users' personal data to the extent that this is necessary to provide a functional website and our content and services. The processing of our users' personal data regularly only takes place with the user's consent. An exception applies in cases in which obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

  2. As far as the provision of contractual services is concerned, we process inventory data (e.g. names and addresses as well as contact details of users), contract data (e.g. services used, names of contact persons, payment information) in order to fulfill our contractual obligations and services in accordance with Art. 6 paragraph 1 lit b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.

    As part of the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.

    We process usage data (e.g., the websites of our online offering visited, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile, for example in order to show the user product information based on the services they have previously used.

    The data will be deleted after statutory warranty and comparable obligations have expired; the necessity of storing the data will be checked every three years; In the case of legal archiving obligations, deletion occurs after their expiry (usually 10 years). Information in any customer account remains until it is deleted.

V. Legal basis for processing personal data

To the extent that we obtain the consent of the data subject for processing personal data, Art. 6 Para. 1 lit. a GDPR serves as the legal basis.

When processing personal data that is necessary to fulfill a contract to which the data subject is a party, Art. 6 Para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

If the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 Para. 1 lit. c GDPR serves as the legal basis.

In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Para. 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 Para. 1 lit. f GDPR serves as the legal basis for the processing.

VI. Security, order processing, transfer to other countries

  1. Safety measures

    We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk; The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, distribution, ensuring availability and its separation. We have also set up procedures to ensure the exercise of the rights of those affected, the deletion of data and the response to threats to data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).

    The security measures include, in particular, the encrypted transmission of data between your browser and our server.

  2. Collaboration with processors and third parties

    If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this only takes place on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, in accordance with Art. 6 Paragraph 1 lit.

    If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.

  3. Transfers to third countries

    If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or disclosure or transmission of data to third parties, this will only occur if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level that corresponds to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

VII. Rights of the data subjects

If your personal data is processed, you are the data subject within the meaning of the GDPR and you have the following rights towards the person responsible:

  1. right of providing information

    You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us. If such processing occurs, you can request information from the person responsible about the following information:

    1. the purposes for which the personal data are processed;
    2. the categories of personal data that are processed;
    3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
    4. the planned duration of storage of the personal data concerning you or, if specific information is not possible, criteria for determining the storage period;
    5. the existence of a right to rectification or deletion of personal data concerning you, a right to restrict processing by the controller or a right to object to this processing;
    6. the existence of a right to lodge a complaint with a supervisory authority;
    7. all available information about the origin of the data if the personal data is not collected from the data subject;
    8. the existence of automated decision-making including profiling in accordance with Article 22 Paragraphs 1 and 4 GDPR and — at least in these cases — meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject.

    You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

  2. Right to rectification

    You have the right to request correction and/or completion from the person responsible if the personal data processed concerning you is incorrect or incomplete. The person responsible must make the correction immediately.

  3. Right to restriction of processing

    You can request the restriction of the processing of personal data concerning you under the following conditions:

    1. if you contest the accuracy of the personal data relating to you for a period enabling the controller to verify the accuracy of the personal data;
    2. the processing is unlawful and you refuse the deletion of the personal data and instead request the restriction of the use of the personal data;
    3. the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
    4. if you have objected to the processing in accordance with Article 21 Para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

    If the processing of personal data concerning you has been restricted, this data — apart from its storage — may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State. If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the person responsible before the restriction is lifted.

  4. Right to deletion

    You can request that the person responsible delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:

    1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
    2. You revoke your consent on which the processing was based in accordance with Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing.
    3. You object to the processing in accordance with Art. 21 Para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 Para. 2 GDPR.
    4. Your personal data has been processed unlawfully.
    5. The deletion of personal data concerning you is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
    6. The personal data concerning you was collected in relation to information society services offered in accordance with Article 8 Para. 1 GDPR.

    There is no right to deletion if processing is necessary

    1. to exercise the right to freedom of expression and information;
    2. to fulfill a legal obligation requiring processing under Union or Member State law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
    3. for reasons of public interest in the field of public health in accordance with Article 9 Paragraph 2 Letters h and i and Article 9 Paragraph 3 GDPR;
    4. for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89 Para. 1 GDPR, insofar as the law referred to in section a) is likely to make the achievement of the objectives of this processing impossible or seriously impaired, or
    5. to assert, exercise or defend legal claims.
  5. Right to data portability

    You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format.

  6. Right to object

    You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is carried out on the basis of Art. 6 Para. 1 lit. e or f GDPR; This also applies to profiling based on these provisions.

    The person responsible will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

    If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising. If you object to processing for direct advertising purposes, your personal data will no longer be processed for these purposes.

  7. Right to revoke the declaration of consent under data protection law

    You have the right to revoke your data protection declaration of consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.

  8. Right to complain to a supervisory authority

    Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you are of the opinion that the processing of personal data concerning you is contrary to violates the GDPR.

    The supervisory authority responsible for us is:

    State Commissioner for Data Protection and Freedom of Information Baden-Württemberg, PO Box 10 29 32, 70025 Stuttgart or Königstraße 10a, 70173 Stuttgart, telephone: 07 11/61 55 41-0, fax: 07 11/61 55 41-15, email : poststelle@lfdi.bwl.de

VIII. Cookies

“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be saved if users visit it after several days. The interests of users can also be stored in such a cookie, which is used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offering (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

We can use temporary and permanent cookies and explain this in our data protection declaration. In our case, the cookies are used to recognize returning visitors and to restore the existing configuration of the editor.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the browser's system settings. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website https://www.aboutads.info/choices/ or the EU site https://www.youronlinechoices.com/

IX. contact

  1. When contacting us (via contact form or email), the user's information will be processed to process the contact request and process it in accordance with Article 6 Paragraph 1 Letter b) GDPR.
  2. If you contact us, we collect the following data: name, email address, IP, date/time and message

X. Deletion of data

The data we process will be deleted or its processing will be restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated otherwise in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and deletion does not conflict with any legal retention obligations. Unless the data is deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons. According to legal requirements in Germany, storage is carried out in particular for 6 years in accordance with Section 257 Paragraph 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 Paragraph 1 AO (books, records , management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc.).

We delete email inquiries and contacts via our website within a reasonable period of time within which a contract or the like can no longer be expected.

XI. Online presence in social media

We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users who are active there and inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our data protection declaration, we process users' data if they communicate with us on social networks and platforms, e.g. write posts on our online presence or send us messages.

XII. Range analysis with Matomo (formerly PIWIK)

As part of Matomo's reach analysis, the following data is processed based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR): the browser type you use and the browser version, the operating system you use, your country of origin, the date and time of the server request, the number of visits, the length of time you stay on the website and the external links you click on. The user's IP address is anonymized before it is stored.

Matomo uses cookies that are stored on the user's computer and enable an analysis of how users use our online offering. Pseudonymous user profiles can be created from the processed data. The cookies have a storage period of one week. The information generated by the cookie about your use of this website is only stored on our server and is not passed on to third parties.

Users can object to the anonymized data collection by the Matomo program at any time with future effect by clicking on the link below. In this case, a so-called opt-out cookie is stored in your browser, which means that Matomo no longer collects any session data. However, if users delete their cookies, this means that the opt-out cookie is also deleted and therefore has to be reactivated by the users.

You have the option to prevent actions you take here from being analyzed and linked. This will protect your privacy, but will also prevent the owner from learning from your actions and improving usability for you and other users.

Deactivation carried out! Your visits to this website will no longer be recorded by web analytics. Please note that the Matomo deactivation cookie from this website will also be deleted if you remove the cookies stored in your browser. Additionally, if you use a different computer or web browser, you will need to complete the deactivation procedure again.

Unfortunately the status cannot be changed. This may be caused by your browser's privacy setting. Please change the status at https://matomo.bitandblack.com.

XIII. Tawk.to

We use the live chat system of SMS SIA, Tirgonu iela, 6, Riga, Latvia, LV1050. Data protection declaration: https://www.tawk.to/data-protection/

XIV. Adobe Fonts

We incorporate the fonts (“Adobe Fonts”) from the provider Adobe Systems Software Ireland Limited, 14-6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland. Data protection declaration: www.adobe.com/privacy.html.