Data protection statement

In accordance with the transparency requirements of the European General Data Protection Regulation (GDPR), we hereby inform you as the data subject about the processing of your personal data by us. Place take the time to carefully read the information and notices on data protection provided here.

A. Introduction

The protection of your personal data in the context of all enquiries on your part and contractual processing by is very important to us. In accordance with the statutory information obligations, you are hereby given the following information about which data we collect during processing, for what purpose we collect the data and what the data collected are used for.

The “Controller” within the meaning of the GDPR is as follows: take-e-way GmbH, Schlossstrasse 8 d-e, 22041 Hamburg, Germany, Tel.: +49 (0)40 750687 0, Fax: +49 (0)40 750687 101, Email: info(at)take-e-way.de. Authorised User: Oliver Friedrichs

C. Contact data of the data protection officer

We have appointed the following data protection officer to safeguard your personal data: Buhck Umweltberatung GmbH, Mr Ingo Recker, Südring 38, 21465 Wentorf, Telephone: +49 40 720000-40, Email: datenschutz(at)buhck.de

D. Purpose of data processing and legal basis

The purpose of data processing of your personal data arises exclusively from the scope of the consent given to us, which you gave us before the commencement of data processing. When you contact us via our website, your data will be processed solely for the purpose of processing your request.

1. Use of the “Mengenmeldungen online” (online quantity reports) portal

This purpose is the use of our Internet portal “Mengenmeldungen online”. Only companies with contracts concluded outside the portal have access to the portal via the protected login procedure. In the portal, legal and EU-wide regulations or laws and regulations in third countries outside the EU regarding battery packaging and electrical regulations are mapped in operational terms. In some cases, personal data are collected at international level and passed on to appropriate service providers or national and international authorities, authorised bodies, ministries and lawyers (notaries) if required by national or international law. Via the portal, annual quantities planned, quantities marketed, declarations for public authorities, invoices and receipts as well as evidential items (documentations) are open to inspection. Moreover, the user can provide us with feedback on the level of satisfaction with our services. The portal has interfaces to ERP systems, i.e. software for planning corporate resources, and to authorities, their representatives and service providers. All processes in the portal can - to the extent contractually agreed with us - lead to invoicing by us, service providers or fee notices from national and international authorities, commissioned bodies or ministries. The portal informs in the internal area about time limits and additional services, such as copyright, marketability testing, ecodesign (ErP/EuP), CE, RoHS solutions and REACh. The data to be collected by us are divided into inventory data and usage data. In this context, inventory data are all data that we need from you to fulfil the purpose of the contract, such as: First name, surname, email address, residential or postal address, telephone number and other data and information necessary to fulfil the purpose of the contract. Usage data are, in particular, all data temporarily stored by us within the scope of your use of our website and Internet services. These can be: features to identify the user, information about the beginning and end as well as the extent of the respective use and information about the Internet content of our website and Internet services used by the user. In this case, the legal basis for the processing is your prior consent pursuant to Art. 6 (1) 1 a) GDPR. You may revoke this consent to us at any time. The lawfulness of the processing carried out on the basis of the consent until the revocation will continue to exist in this case. If a corresponding contract is concluded between you and us, the legal basis for processing is Art. 6 (1) b) GDPR.

2. Receipt of our newsletter

This purpose may also be to register to receive our regular newsletter. In this case, the legal basis for the processing likewise is your (prior) consent pursuant to Art. 6 (1) 1 a) GDPR. If you register for our newsletter, the data will only be processed for the purpose of sending you our newsletter. You may revoke this consent to us at any time. The lawfulness of the processing carried out on the basis of the consent until the revocation will continue to exist in this case.

E. Recipients of data processing, transfer to recipients in third countries

Your personal data will be processed by our employees, who are bound to secrecy to the extent that this is necessary to achieve the purpose. In addition, recipients of personal data may also be third parties, such as the EAR Foundation or other authorities on the basis of contractual obligations, where the involvement of such bodies which is necessary to achieve the purpose. Transmission to third parties is also encrypted. The data are pseudonymised by us unless the data are required by such third parties in non-pseudonymised form to achieve the relevant purpose. The personal data we are provided with will only be transferred to third countries outside the EU and EEA for which the EU Commission is of the opinion that an appropriate level of data protection exists. If it is necessary to transfer the personal data communicated to us to third countries, this will only take place if you have given us your explicit consent to this end in advance. In this case, we cannot ensure an adequate level of data protection; this concerns the countries of Cyprus, Turkey, Monaco and Serbia, for instance.

F. Duration of data storage and criteria for determining such duration

The data are stored by us as long as necessary and for the shortest period possible. The duration of the data storage of the various personal data depends on the retention periods which we ourselves have to observe due to legal regulations - for example in relation to public authorities. Data are therefore generally stored for the purpose of fulfilling the specific order at least until the end of the order and at the latest within the scope of the statutory obligations imposed on us.

G. Right to information, Art. 15 GDPR

You have a right to information from us as to whether we process your personal data at all. If we process your personal data, you have a right to information:

  • about the processing purposes and categories of personal data that we process, i.e. which of your data we process exactly, e.g. first name and surname, postal or residential address, email address, GPS data, etc.
  • In addition, you may request information regarding the recipients or categories of recipients to which we have disclosed or will disclose the personal data. This applies in particular to recipients in third countries or international organisations.
  • You can also request information about the planned about the planned duration of storage or, if this is not possible, you can request the criteria for determining the duration of storage,
    You also have a right to information:
  • concerning the existence of a right of rectification,
  • concerning a right to erasure of the personal data concerned or to a restriction of the processing by us as a data controller,
  • concerning the existence of a right to object to the processing,
  • concerning the existence of a right to complain to the supervisory authority,
  • when collecting data from third parties about the origin of the data,
  • as to whether we use so-called automated decision-making, including the evaluation of certain behaviours of the data subject (profiling pursuant to Art 4. No. 4 GDPR,
  • in the case of the transfer of personal data to a third country or an international organisation.
We are entitled to provide information only after we have clearly identified you as the data subject. As a rule, this information is generally electronically. Should you request a copy of the stored personal data provided by us, we are entitled to charge an appropriate fee for this service. In the event of arbitrary disclosure of information, an appropriate fee may also be claimed on our part.

H. Right to rectification, Art. 16 GDPR

Should you determine that the data we collect are incorrect, you may request us to rectify such inaccurate personal data. The same applies to the completion of incomplete personal data if this is necessary for the purpose of processing. If we determine that personal data processed by us are incorrect, then we will also rectify them ourselves.

I. Right to erasure, Art. 17 GDPR

You have the right to request immediate erasure of the personal data collected by us if

  • the data collected are no longer necessary for the purpose of such data collection,
  • you have revoked your consent (Art. 6 (1) a) GDPR) and there is no other legal basis for the processing. In this case, data processing is considered lawful until receipt of the revocation of consent.
  • you either file an objection to the processing pursuant to Art. 21 (1) GDPR or in the case of direct marketing in accordance with Art. 42 (2) GDPR. In both cases, the right of objection also applies to the assessment of certain behaviours of the data subject (profiling pursuant to Art. 4 No. 4 GDPR).
  • the data collected were unlawfully processed,
  • the erasure of personal data is necessary to fulfil a legal obligation under Union law or the law applicable to you in your Member State.
  • the personal data relating to information society (Internet) services have been collected in relation to a child.
    If we are obliged to erase your personal data, we will take appropriate technical measures to inform the persons entrusted with the processing of personal data that you have requested us to delete all links to such personal data or copies thereof. However, you have no right to erasure of the data if processing is necessary:
  • to exercise the right to freedom of expression and information,
  • to fulfil a legal obligation which requires processing in accordance with Union law or the law of the Federal Republic of Germany or to safeguard a task which is in the public interest or which is carried out in the exercise of official authority which has been assigned to us as the person which has been assigned to us as the controller,
  • for reasons of public interest in the field of public health in accordance with Art. 9 (2) (h) and (i) GDPR,
  • for archiving purposes in the public interest, scientific or historical research purposes, insofar as a claim for erasure would make the achievement of the processing objective impossible or would seriously impair it,
  • to assert, exercise or defend legal claims.

J. Right to restriction of processing, legal consequences and notification obligation, Arts. 18, 19 GDPR

Under certain conditions, you have the right to request us to restrict the processing. This applies if

  • the accuracy of the personal data is contested by you. In this case, we will not process the data for a period enabling the accuracy of the personal data to be verified,
  • the processing of the data is unlawful and you refuse to erase the personal data and instead request that the use of the personal data be restricted,
  • we no longer need the data for processing purposes, but you do need the data to establish, exercise or defend legal claims,
  • you as the data subject have lodged an objection to the processing pursuant to Article 21 (1) GDPR, but it has not yet been determined whether the legitimate reasons for us as the controller override your reasons as data subject.
If the processing has been restricted as outlined above, the personal data may only be processed with your consent or in order to establish, exercise or defend legal claims, with the exception of storage. The same applies to the safeguarding of rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State. If you have asserted your right to restrict processing, we will inform you before the restriction is lifted again. We are obliged to inform the recipients to whom we have disclosed personal data of the rectification, erasure or restriction of processing requested by you unless this is impossible or involves disproportionate effort. We can also inform you about these recipients.

K. Right to data portability, Art. 20 GDPR

You have the right to have the personal data we have stored about you made available by us in a structured, current and machine-readable form and to pass such data on to some other controller if

  • the processing is based on your consent or a contract with you, and
  • the processing is carried out using automated methods.
With regard to the transmission of data, you also have the right to request that the data be transmitted directly by us to the new data controller if this is technically feasible. This right may not adversely affect the rights and freedoms of others. The right to data portability does not affect the right to erasure. The right to data portability does not apply in the case of data processing if this right was transferred to us in the exercise of a public authority or to perform a task in the public interest.

L. Right to object to processing, Art. 21 (1) and (2) GDPR

You have the right at any time to object to the processing of personal data concerning you if the data have been processed by us for the performance of a task which is in the public interest or which was carried out in the exercise of official authority and has been transferred to us. The same applies to the processing of marketing or acquisition purposes, including the evaluation of certain behaviours of the data subject (profiling pursuant to Art. 4 No. 4 GDPR).
In this case, we may no longer process the personal data unless we can prove an imperative interest worthy of protection for the processing that overrides your interests, rights and freedoms or the processing takes place to establish, exercise or defend legal claims.
In the case of direct marketing by us, you have the right to object to the processing of the personal data concerning you for such marketing purposes. This also applies to an assessment of certain behaviours of the data subject (profiling according to Art. 4 No. 4 GDPR), provided that it is not connected to any such marketing by us. In this case, we will no longer process your personal data for such purposes.
You also have the right to object to the processing of your data for scientific or historical research purposes, unless the processing is necessary to fulfil a task in the public interest

M. Right to complain to the supervisory authority, Art. 13, (2) d) GDPR

You have a right to complain to the data protection supervisory authority responsible for us. The corresponding address can be found here: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

N. Information to be provided and consequences of failure to do so, Art. 13, (2) e) GDPR

In order to fulfil our contractual obligations to you, we are dependent on the collection of personal data. Without such data, we may not be able to fully perform our contractual obligations to you. If you do not make such data available to us, we unfortunately cannot enter into a contractual relationship with you. In any case, however, we reserve the right to leave the contractual relationship with you unfulfilled or to terminate it at a later date due to the failure to provide the necessary data. The same applies in the event that we are legally obliged to collect personal data.

O. Statement on automated decision-making and profiling, Art. 22 GDPR

Your data will not be processed by us for automated decision-making - including the evaluation of certain behaviours of the data subject (Profiling according to Art. 4 No. 4 GDPR).

P. Further processing for other purposes, Art. 13, (3) GDPR

If, in future, we intend to further process the data collected for a purpose other than for which they were collected, you will receive information from us about such other purpose and we will provide you with all other relevant information regarding the storage period, your rights to information, rectification, erasure, restriction of processing, your right to complain as well as to data portability.

Q. Notification obligation, Art. 34 GDPR

If data processing results in a breach of the protection of your personal data and this probably entailed high risk to the personal rights and freedoms of natural persons, we will notify you of any such breach without delay. In addition to the type of breach of protection of personal data, we will also provide you with further details. The name and contact details of the data protection officer or any other contact point for further information, a description of the probable consequences of the breach of protection of personal data. You will also receive a notification and description of the measures taken or proposed by us to remedy the breach of protection of personal data or to mitigate possible adverse effects. However, we shall not be obliged to notify you in the following cases:

If

  • the personal data concerned were encrypted,
  • we managed to ensure by means of ex post facto measures that the high risk to your rights and freedoms no longer exists in all likelihood,
  • dies would involve disproportionate effort. In this case, we will inform you by public announcement or a similar measure.

R. Encryption and data security

The inventory data we collect are transferred to us in encrypted form via the Internet or our Internet provider. For this purpose, we use state-of-the-art encryption technology. The same applies to the usage data collected by us. We have entered into a contract with our Internet provider for order data processing pursuant to Art. 28 GDPR, on the basis of which our order processor implements the strict requirements of the GRPR.

S. Protocol files (server log files)

In addition, we log and store various data in connection with our services about your behaviour on our website. We use such data in two ways. On the one hand, we need these for evidence of and performance under the contract concluded with you so that we can prove, for example, under which Internet protocol address (IP address) when, why and for how long you had access to our server in the member area. These data will be deleted after the purpose has been achieved, taking account of the statutory retention periods. If these log files provide us with information about the software you use and your surfing behaviour when visiting our website or using our Internet services, for example, the relevant data will be anonymised without us being able to draw any conclusions about a specific person. These anonymised data are used by us exclusively to improve our website and/or Internet services. These data will likewise be erased immediately after they have been used for their intended purpose.

T. Pseudonymisation and anonymisation

If the usage data collected by us in connection with the performance of the contract or evidence thereof is stored in the legally prescribed cases, the data will be pseudonymised, i.e. it is not easily possible to assign this information to third parties without consulting additional information. If a transfer to third parties takes place, the data may be anonymised beforehand if required by law so that they can no longer be assigned to a specific person. For example, this is done for research or statistical purposes. The same applies to the use of data to improve the Internet services integrated into our website. In connection with our Internet presence in social networks, please also read the relevant notes in this data protection statement.

U. Cookies

We use cookies on our website and for our Internet services. Cookies are small text files which are stored for some time with you and with us in order to make the use of our website and our Internet services more convenient. The cookies are stored in the context of the respective session. The duration of storage can range from a few hours to 3 months. If you have chosen the setting “do not accept cookies” in your browser, this can lead to functional restrictions of our Internet offerings. It is possible for you to erase the cookies yourself at the end of your Internet session by making the appropriate settings in your browser.

V. Notes on the use of RapidMail

To subscribe to the newsletter offered on our website, you can register using our form. We use the so-called double opt-in procedure, providing first of all for a confirmation email to be sent to your stated email address, with the request for confirmation. The registration only becomes effective when you click on the activation link contained in the confirmation email. We use your data transmitted to us exclusively for sending the newsletter, which may contain information or offers.
We use Rapidmail to send our newsletter. Your data will therefore be transmitted to Rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br. Rapidmail GmbH is prohibited from using your data for purposes other than sending the newsletter. Rapidmail GmbH is not permitted to pass on or sell your data. Rapidmail is a German, certified newsletter software provider carefully selected according to the requirements of the GDPR and the German Federal Data Protection Act (BDSG).
You may revoke your consent, which is based on Art. 6 (1) a GDPR for the storage of data and their use for newsletter dispatch, at any time, e.g. via the unsubscribe link in the newsletter.
Rapidmail allows us to receive anonymised statistics, such as various key figures, statements about the success of a newsletter campaign and open/click rates of links.

Conclusion of an order data processing contract

We have entered into a contract with Rapidmail in which we oblige Rapidmail to protect our customers’ data and not to pass them on to any third parties. This contract can be viewed under the following link: https://de.rapidmail.wiki/files/adv/muster-auftragsdatenverarbeitung.pdf.

W. Notes on the use of Google services

We use the services of Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Should you require further information, you will find this in Google's data protection statement: https://policies.google.com/privacy/update?hl=de&gl=de.

Google Analytics

We have entered into a contract with Google for order processing and fully implement the strict requirements of German law for the use of Google Analytics.
Our website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, Google will truncate your IP address within Member States of the European Union or in other states that are a party to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website in order to compile reports on website activities and to provide the website operator with other services relating to website and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. You may prevent 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 Google from collecting the data generated by the cookie and relating to your use of the website (incl. Your IP address) and from processing such data by clicking on the following link: (http://tools.google.com/dlpage/gaoptout?hl=de) to download and install the available browser plugin. Further information on the terms of use and data protection can be found at http://www.google.com/analytics/terms/de.html or at https://www.google.de/intl/de/policies/.
Please note that the code “anonymizeIp” has been added to Google Analytics on this website to ensure anonymous collection of IP addresses (so-called IP masking).

Deactivating Google Analytics

Google Maps

We use the map service Google Maps of the provider Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
The integration of Google Maps into our website is intended to make it easier for you to find various bodies and authorities and represents a legitimate interest within the meaning of Art. 6 (1) f) GDPR. In order to ensure the functionality of Google Maps it is necessary that your location data are stored. If you do not agree to the storage, please either do not use this service or - in case of use with mobile devices - deactivate your location data (GPS signal). We have no influence on this data transmission. You can find further details on the handling of user data in Google's data protection statement: https://policies.google.com/privacy/update?hl=de&gl=de.

GoogleAdwords

We use the advertising campaign service of the provider Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data received by us in this way do not allow any personal identification of the user. You can find further details on this in Google’s data protection statement: https://policies.google.com/privacy/update?hl=de&gl=de.

YouTube

In order to make our offers more interesting and informative, we integrate additional modules from YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA on our website and our Internet services. The integration of YouTube videos into our website and our Internet services represents a legitimate interest within the meaning of Art. 6 (1) f) GDPR.
We recommend that you log out of your YouTube account before visiting our website or using our Internet services and erase the cookies or the cache of your Internet browser because clicking on a corresponding video on our website will connect you to the servers of YouTube LLC and YouTube LLC can then draw conclusions about your server behaviour.
For more information about the use of data by YouTube LLC., a subsidiary of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, please see Google’s data privacy policy: https://policies.google.com/privacy?gl=DE&hl=de.

V. Notes on the Internet presence in social networks

We are also active in social networks in order to communicate and inform our customers and interested parties there as well. With regard to the respective networks, the data protection declarations and general terms and conditions of the respective operators are applicable.
We process your data, which you transmit to us via these social networks, exclusively in accordance with the aforementioned provisions and declarations of this data protection statement. If you wish to be sure that none of your data that should be transmitted to us under your profile in the respective social network, you should log off from the respective social network before visiting our website or using our Internet services and erase the cookies stored in your Internet browser or the cache of your Internet browser beforehand.
We use the data transmitted by you to us through social networks exclusively for the improvement of our website and/or Internet services. The data are used by us exclusively in anonymised form. A different rule applies only if you use our website and/or Internet services and are logged on to one or more social networks. In this case, we have no influence on whether and how the operator of the social network uses the entered data on its part. You can obtain information about the use of your personal data by the operators of social networks directly from the operators:

Facebook

For more information about how Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, uses your information, please see the Facebook Data Policy: https://www.facebook.com/about/privacy/update.

Google+

For more information about the use of data by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, please see Google’s data privacy policy: https://policies.google.com/privacy/update?hl=de&gl=de.

Twitter

For more information about Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland, please see Twitter's Privacy Policy: https://twitter.com/de/privacy#update.

W. Customer satisfaction surveys

You have the opportunity to participate in our customer satisfaction survey via our website and our Internet services. The data collected there are pseudonymised, i.e. it is not easily possible for third parties to assign this information to you without consulting additional information. We use such data exclusively to improve our website and our Internet services, as well as our services and offers as a whole. This represents a legitimate interest within the meaning of Art. 6 (1) f) GDPR.

X. Payment systems

Participating manufacturers, retailers and distributors of electrical goods, as well as collection points or the participation of certified waste management companies have either issued us a SEPA direct debit mandate within the scope of their participation by contract or pay by bank transfer. The personal data to be collected are used exclusively for the fulfilment of contractual obligations and may be collected by us pursuant to Art. 6 (1) b) GDPR.

X.1 Wirecard / UnionPay International for customers based in China

If you are based in China, Taiwan or Hong Kong and choose one of the payment methods offered by the payment service provider UnionPay via wirecard, the payment will be processed via the payment service provider wirecard, Wirecard UK & Ireland Ltd, 1st Floor Ulysses House, Foley Street Dublin 1, Ireland, to whom we pass on the information you provide as part of the payment process together with information about your order (name, address, possibly IBAN, possibly BIC, invoice amount, currency and possibly transaction number). Wirecard will send your data to the payment service provider UnionPay International (UPI) Floor 2-7, No.6 Dongfang Road, Pudong New District, Shanghai, PRC. In accordance with Art. 6 para. 1 letter b GDPR, your data will be passed on exclusively for the purpose of payment processing with the payment service provider wirecard and the service provider UnionPay International. Your data will only be passed on to the extent that this is actually necessary for completion of the payment.

take-e-back

take-e-back - take-back system for distributors and resellers of electrical equipment

Vere

Vere - Association for the Return and Recycling of Waste Electrical and Electronic Equipment (WEEE)

get-e-right

get-e-right GmbH - Authorized representative for companies without a branch office in Germany within the meaning of the ElektroG (Elektrogesetz)

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