1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we record your data?

Your data is collected, in part, when you provide it to us. This may include, for example, data that you enter into a contact form.

Other data is collected by our IT systems automatically or with your consent when you visit the website. This data consists primarily of technical information (e.g., internet browser, operating system, or the time the page was accessed). This data is collected automatically as soon as you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns. If contracts can be concluded or initiated through the website, the data provided will also be processed for contract offers, orders, or other order inquiries.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issues.

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please consult our Data Protection Declaration below.

2. Hosting

We are hosting the content of our website at the following provider:

IONOS

The provider is the IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany (hereinafter referred to as: IONOS). Whenever you visit our website, IONOS records various logfiles along with your IP addresses. For details, please consult the data privacy policy of IONOS: https://www.ionos.de/terms-gtc/terms-privacy.

The use of IONOS is based on Article 6(1)(f) of the GDPR. We have a legitimate interest in ensuring that our website is displayed as reliably as possible. If consent has been requested, processing is carried out exclusively on the basis of Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG, to the extent that the consent covers the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent may be revoked at any time.

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

Please note that data transmission over the Internet (e.g., when communicating via email) may be subject to security vulnerabilities. It is not possible to completely protect data from access by third parties.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

Hortvs Peter Janke Gartenkonzepte
Inhaber: Peter Janke
Hochdahler Straße 350
40724 Hilden

Phone: +49 (0)2103 360508
E-mail: mail@peter-janke-gartenkonzepte.de

The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data (e.g., names, email addresses, etc.).

Storage duration

Unless a more specific retention period is stated in this Privacy Policy, we will retain your personal data until the purpose for which it was collected no longer applies. If you submit a valid request for erasure or revoke your consent to data processing, your data will be erased unless we have other legally permissible grounds for storing your personal data (e.g., retention periods under tax or commercial law); in the latter case, the data will be deleted once these grounds no longer apply.

General information on the legal basis for the data processing on this website

If you have consented to the processing of your data, we process your personal data on the basis of Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, provided that special categories of data as defined in Article 9(1) of the GDPR are processed. In the event of explicit consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Article 49(1)(a) of the GDPR. If you have consented to the storage of cookies or to access to information on your device (e.g., via device fingerprinting), data processing is additionally based on Section 25(1) of the TDDDG. You may revoke your consent at any time. If your data is necessary for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Article 6(1)(b) of the GDPR. Furthermore, we process your data to the extent that it is necessary to comply with a legal obligation pursuant to Article 6(1)(c) of the GDPR. Data processing may also be based on our legitimate interest pursuant to Article 6(1)(f) of the GDPR. The applicable legal bases in each individual case are described in the following sections of this Privacy Policy.

Recipients of personal data

As part of our business operations, we collaborate with various external parties. In some cases, this requires the transfer of personal data to these external parties. We only disclose personal data to external parties if it is necessary for the performance of a contract, if we are legally required to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Article 6(1)(f) of the GDPR, or if another legal basis permits the disclosure of data. When using data processors, we only disclose our customers’ personal data on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Access, Correction, and Deletion

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

• In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
• If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
• If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
• If you have raised an objection pursuant to Art. 21(1) GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

4. Recording of data on this website

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small data packages that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.

Cookies may be set by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain third-party services into websites (e.g., cookies used to process payment services).

Cookies serve various purposes. Many cookies are technically necessary, as certain website features would not work without them (e.g., the shopping cart feature or the display of videos). Other cookies may be used to analyze user behavior or for advertising purposes.

Cookies that are necessary for carrying out the electronic communication process, for providing certain functions you have requested (e.g., the shopping cart function), or for optimizing the website (e.g., cookies for measuring website traffic) (necessary cookies), are stored on the basis of Art. 6(1)(f) of the GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies to ensure the technically flawless and optimized provision of its services. If consent to the storage of cookies and similar recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG); consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete-function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

If other cookies and services are used on this website, you can find that information in this Privacy Policy.

Real Cookie Banner

Our website uses Real Cookie Banner’s consent technology to obtain your consent for the storage of certain cookies on your device or for the use of specific technologies and to document the former in a data protection compliant manner. The provider of this technology is devowl.io GmbH, Tannet 12, 94539 Grafling, Germany (hereinafter referred to as “Real Cookie Banner”).

Real Cookie Banner is installed locally on our servers, which ensures that a connection with Real Cookie Banner provider’s servers is not established. Real Cookie Banner stores a cookie in your browser to be able to allocate the consent you have granted or revoked. The data recorded in this manner will be stored until you ask us to delete them, revoke your consent to the archiving of your data or until the purpose of archiving the data no longer exists (e.g., upon completion of the processing of your inquiry). This does not affect mandatory statutory provisions – in particular those governing retention periods.

We use Real Cookie Banner to obtain the consent required by law for the use of cookies from site visitors. The legal basis for this is Art. 6(1)(c) GDPR.

Contact Form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your agreement (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.

The data you enter in the contact form will remain with us until you request that we delete it, revoke your consent to its storage, or the purpose for storing the data no longer applies (e.g., after your inquiry has been processed). Mandatory legal provisions—in particular retention periods—remain unaffected.

Request by e-mail, telephone, or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your agreement (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.

The data you send us via contact requests will remain with us until you request that we delete it, revoke your consent to its storage, or the purpose for storing the data no longer applies (e.g., after your request has been processed). Mandatory legal provisions—in particular statutory retention periods—remain unaffected.

5. Analysis tools and advertising

IONOS WebAnalytics

This website uses the analytics services of IONOS WebAnalytics (hereinafter: IONOS). The provider is 1&1 IONOS SE, Elgendorfer Straße 57, D – 56410 Montabaur. As part of the analytics conducted with IONOS, the following data, among other things, may be collected: visitor numbers and behavior (e.g., number of page views, duration of a website visit, bounce rates), visitor sources (i.e., which site the visitor came from), visitor locations, and technical data (browser and operating system versions). For this purpose, IONOS stores the following data in particular:

• Referrer (previously visited website)
• Accessed page on the website or file
• Browser type and browser version
• Used operating system
• Type of device used
• Website access time
• Anonymized IP address (used only to determine the access location)

According to IONOS, the data recorded are completely anonymized so they cannot be tracked back to individuals. IONOS WebAnalytics does not archive cookies.

The storage and analysis of data are based on Article 6(1)(f) of the GDPR. The website operator has a legitimate interest in the statistical analysis of user behavior in order to optimize both its website and its advertising. If consent has been obtained, processing is carried out exclusively on the basis of Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG, insofar as the consent covers the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent may be revoked at any time.

For more information on data collection and processing by IONOS WebAnalytics, please refer to the IONOS Privacy Policy at the following link: https://www.ionos.de/terms-gtc/datenschutzerklaerung/

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

6. Newsletter

Newsletter data

If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. Further data is not collected or only on a voluntary basis. For the handling of the newsletter, we use newsletter service providers, which are described below.

Rapidmail

This website uses Rapidmail for the sending of newsletters. The provider is the rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br., Germany.

Rapidmail services can, among other things, be used to organize and analyze the sending of newsletters. The data you enter for the purpose of subscribing to the newsletter are archived on Rapidmail servers in Germany.

Data analysis by Rapidmail

For analytical purposes, e-mails sent via Rapidmail are tagged with a so-called “Tracking Pixel”, which connects to Rapidmail’s servers once the e-mail is opened. As a result, it is possible to determine whether a newsletter e-mail was actually opened.

With the assistance of Rapidmail we are also able to determine whether and which links in the newsletter message the recipient clicked. All links integrated into the e-mail are so-called Tracking Links that enable us to count your clicks. If you do not want to permit an analysis by Rapidmail, you must unsubscribe from the newsletter. We provide a link for you to do this in every newsletter message. Moreover, you can also unsubscribe from the newsletter right on the website.

For more details on the Rapidmail analysis functions, please follow this link: https://de.rapidmail.wiki/kategorien/statistiken/.

Legal basis

The data is processed based on your consent (Art. 6(1)(a) GDPR). You may revoke any consent you have given at any time by unsubscribing from the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place prior to your revocation.

Storage duration

The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored for other purposes with us remain unaffected.

After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist, if such action is necessary to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6(1)(f) GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.

For more details, please consult the Data Protection Regulations of Rapidmail at: https://www.rapidmail.de/datensicherheit.

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

7. Plug-ins and Tools

Google Maps

This website uses the mapping service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. This service allows us to embed maps on our website.

To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this website has no control over the data transfer. In case Google Maps has been activated, Google has the option to use Google Fonts for the purpose of the uniform depiction of fonts. When you access Google Maps, your browser will load the required web fonts into your browser cache, to correctly display text and fonts.

We use Google Maps to ensure that our online offerings are presented in an appealing manner and to make it easy for users to locate the places listed on our website. This constitutes a legitimate interest within the meaning of Article 6(1)(f) of the GDPR. If consent has been requested, processing is carried out exclusively on the basis of Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG, insofar as the consent covers the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent may be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

For more information on the handling of user data, please review Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the United States designed to ensure compliance with European data protection standards when data is processed in the United States. Every company certified under the DPF commits to complying with these data protection standards. For more information, please visit the provider’s website at the following link: https://www.dataprivacyframework.gov/participant/5780.

Friendly Captcha

We use Friendly Captcha (hereinafter “Friendly Captcha”) on this website. The provider is Friendly Captcha GmbH, Am Anger 3-5, 82237 Woerthsee, Germany.

Friendly Captcha is used to verify whether data entry on this website (e.g., in a contact form) is performed by a human or by an automated program. To do this, Friendly Captcha analyzes the website visitor’s behavior based on various characteristics. For this analysis, Friendly Captcha evaluates various pieces of information (e.g., anonymized IP address, referrer, time of visit, etc.). For more information, please visit: https://friendlycaptcha.com/legal/privacy-end-users/.

The storage and analysis of the data are based on Article 6(1)(f) of the GDPR. The website operator has a legitimate interest in protecting its web offerings from abusive automated surveillance and from spam. If consent has been requested, processing is carried out exclusively on the basis of Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG, insofar as the consent covers the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent may be revoked at any time.

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

8. Custom Services

Handling applicant data

We offer you the opportunity to apply for a position with us (e.g., by email, mail, or through our online application form). Below, we provide information about the scope, purpose, and use of your personal data collected as part of the application process. We assure you that the collection, processing, and use of your data are carried out in accordance with applicable data protection laws and all other legal requirements, and that your data will be treated as strictly confidential.

Scope and purpose of the collection of data

If you submit an application to us, we will process your related personal data (e.g., contact and communication information, application documents, notes taken during job interviews, etc.) to the extent necessary to decide whether to establish an employment relationship. The legal basis for this is Section 26 of the German Federal Data Protection Act (BDSG) under German law (initiation of an employment relationship), Article 6(1)(b) of the GDPR (general pre-contractual processing), and—if you have provided consent—Article 6(1)(a) of the GDPR. You may withdraw your consent at any time. Your personal data will be shared within our company exclusively with those individuals involved in processing your application.

If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 BDSG and Art. 6(1)(b) GDPR for the purpose of implementing the employment relationship in our data processing system.

As part of the application process, we may also conduct an online search for information about you. This primarily includes Google searches, LinkedIn, and Xing. The legal basis for this type of processing is our legitimate interest in forming an overall impression of you based on publicly available information, in accordance with Article 6(1)(f) of the GDPR.

Data Archiving Period

If we are unable to offer you a position, if you decline a job offer, or if you withdraw your application, we reserve the right to retain the data you have provided, based on our legitimate interests (Art. 6(1)(f) GDPR) for up to 6 months from the conclusion of the application process (rejection or withdrawal of the application). Afterward, the data will be deleted and the physical application documents will be destroyed. Retention serves, in particular, as evidence in the event of a legal dispute. If it becomes apparent that the data will be required after the 6-month period has expired (e.g., due to an impending or pending legal dispute), the data will not be deleted until the purpose for its continued retention no longer applies.

Longer storage may also take place if you have given your agreement (Article 6(1)(a) GDPR) or if statutory data retention requirements preclude the deletion.

Admission to the applicant pool

If we do not offer you a position, we may add you to our applicant pool. If you are added to the pool, all documents and information from your application will be transferred to the applicant pool so that we can contact you if suitable openings arise.

Admission to the applicant pool is based exclusively on your express agreement (Art. 6(1)(a) GDPR). The submission agreement is voluntary and has no relation to the ongoing application procedure. The affected person can revoke his agreement at any time. In this case, the data from the applicant pool will be irrevocably deleted, provided there are no legal reasons for storage.

The data from the applicant pool will be irrevocably deleted no later than two years after consent has been granted.