Data privacy

Getreide, dass im Wind schwingt. Das Feld steht kurz vor der Ernte und das Getreide vor der Vermarktung.

These data privacy information have been translated to english in order to provide information to our englisch speaking users. They should only serve informational aspects and are non-binding.
In case of any legal aspects only the german version is binding (https://houseofcrops.de/datenschutz/). Please contact us in case of any questions.

DATA PRIVACY INFORMATION

We are pleased that you have contacted us, whether via our website, trading platform or by other means, such as telephone or e-mail.

The protection of your personal data is an important concern for us. The following data privacy information informs you about the type and extent to which we process so-called personal data. According to the GDPR, personal data is “all information relating to an identified or identifiable natural person […]”. This means that data which exclusively concerns a legal entity is not “personal data” in the sense of the GDPR and the following data privacy information.

This privacy information applies to data processed by:

Responsible:

House of Crops GmbH
Brunnenstraße 44, 10115 Berlin
Phone: +49 (0) 30 41717809
Email: info@houseofcrops.de

With regard to the following information, we differentiate between establishing contact within the scope of our online presence, i.e. your visit on our website www.houseofcrops.de and/or our trading platform app.houseofcrops.de on the one hand (A. below) and contact that takes place via telephone, e-mail or other personal means (B. below).

Under points C. – F. you will then find all further information which applies to both the data processing described under A. and B. You will also find information on your rights when being an affected person.

A. Data processing that we carry out within the scope of our online presence (including use of the app.houseofcrops trading platform)

I. VISIT ON OUR WEB SITE www.houseofcrops.de

When you visit our website www.houseofcrops.de, we process your personal data as follows:

1. Opening of the website www.houseofcrops.de

When you access our website www.houseofcrops.de, information is automatically sent to the server of our website by the browser used on your end device. This information is temporarily stored in a so-called log file. The following information is recorded without your action 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),
    • the browser used and, if applicable, the operating system of your computer and the name of your access provider.

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

    • To ensure a smooth connection of the website,
    • To guarantee a comfortable use of our website,
    • Evaluation of system security and -stability and
    • for other administrative purposes.

The legal basis for the data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest follows from the above-mentioned purposes for data collection. Under no circumstances do we use the collected data for the purpose of drawing conclusion regarding your person.

Furthermore, we use cookies when you visit our website (see section IV below).

2. Registration for our newsletter

If you would like to receive the newsletter/blog offered on the website, we need an e-mail address from you. Since we would like to address you personally in the newsletter, we would be pleased if you also tell us your name. However, this is not mandatory for receiving the newsletter.

If you have confirmed our newsletter on our website (opt-in), you will receive an e-mail with the confirmation link afterwards. Only when you click on the link will you be added to the e-mail distribution list.

The distribution of our newsletter/blog is therefore carried out in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR on the basis of your explicit consent.

You can unsubscribe at any time, for example via a link at the end of each newsletter. Alternatively, you can send your unsubscription request at any time via e-mail at info@houseofcrops.de.

II. Use of our trading platform app.houseofcrops.de

If you use our trading platform, we may process further personal data in addition to the personal data listed above under I.1:

1. Registration

In order to use our platform, you must register as a user.

To do so, enter the following data in an input mask provided by us:

Salutation, first name, last name, company name, address, telephone number, e-mail address ( twice) and a password of your choice (also twice).

After you have activated the button “Register”, your above mentioned data will be transferred to us. We use this data to set up your user account and, in this context, to check your creditworthiness (see section C.II.3. below).

You will then receive a confirmation e-mail from us with your personal verification key as well as information on where and how you use the key to get activated for the use of our platform.

If you create a trading account for the further use of our platform, it is necessary to specify the customer category in which you wish to participate. We store this information for the duration of your use of our platform.

2. Login

After you have been activated by us for the use of the platform, you have to provide the following information before you can place offers or demands on our platform. The following data are required:

    • Company name
    • Main address
    • E-mail address, telephone number, other communication data (e.g. fax, messenger), if relevant
    • Payment data (account holder, IBAN, BIC, bank name)

You can then add other entities of your company by providing the following information:

    • Entity name
    • Tax ID
    • Location
    • Place of fulfilment
    • Number of entities

You may also provide information on certification and/or certification qualifications. Additionally, you can add an image or logo and the general terms and conditions of your company. And finally, we offer you the possibility to indicate companies with which you do not wish to conclude contracts in a so-called blacklist. This blacklist is treated confidentially.

3. Trading via the platform

As soon as you wish to trade on our platform, the following information must be provided, depending on whether it is an offer or a demand:

Product type, quantity, quality, origin, delivery date, payment, storage, logistics.

4. Legality of data processing

The above mentioned data processings serve the purpose of contract fulfilment – use of our platform. As far as the above mentioned data are personal data, their processing is therefore justified according to Art. 6 para. 1 sentence 1 lit. b GDPR.

III. Data processing via tools used by us both when visiting the website and when using the trading platform

1. Live Chat Tool

We use a live chat tool from Olark by Habla, Inc. 245 Ramona St. Palo Alto, CA 94301, which allows our website visitors to easily contact us directly via chat. This way, website visitors can chat with our staff and ask questions that are answered directly in the chat.

For more information on the cookies used in the context of using the Live Chat Tool, please see section IV below.

When using this tool, we are provided with information about the approximate location of the user and the browser version. If a user provides us with his/her name, we will store this name with a masked IP address, i.e. one that is not visible to us. This is done for the purpose of recognizing the user when he or she contacts us again.

Other personal data that we receive/process within the chat function are not stored by us.

The legal basis for the use of the chat tool is our legitimate interest according to Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest results from the fact that we would like to offer you an optimal service by means of promptly answering your questions and/or supporting you in using our trading platform. Due to your voluntary use of the chat tool or the contact form and due to the fact that your interests are only slightly impaired as a result of the limited transfer of data to Habla Inc. in the USA, a balancing of interests carried out by us shows that our interests take precedence.

When using the tool, personal information is shared through the use of cookies (see Habla, Inc. 245 Ramona St. Palo Alto, CA 94301). Habla Inc. is certified according to the EU-US Privacy Shield Agreement

https://www.privacyshield.gov/participant?id=a2zt000000000eaAAA&status=Active#participation

Data processing shall be carried out in accordance with the provisions of this Agreement.

For more information on how Habla Inc. handles your personal data, please refer to their privacy policy, available at https://www.olark.com/privacy-policy.

2. Surfly – co-browsing tool

To support you in navigating our platform, we offer you the possibility of so-called co-browsing. You can surf on our platform together with one of our employees by sharing your browser window with us for a limited time. We use the co-browsing tool Surfly for this purpose. The provider is a European company, the Dutch company Surfly BV, Korte Leidsedwarsstraat 12, 1017 RC Amsterdam, The Netherlands, Tel.: +31202611820, info@surfly.com.

More detailed information on the cookies used in the context of using the co-browsing tool can be found below under section IV.

This tool enables us to access your browser directly after receiving your confirmation, e.g. to actively control your mouse-cursor.

We can only see or access the information on our own website, the House of Crops platform. It is not possible for us to see, let alone edit, other programs, websites or documents etc. that you have opened or running.

During co-browsing you must be connected to our employee via chat or telephone.

When you start co-browsing, you agree to share your browser view with your advisor. You can revoke your consent at any time, for example, by canceling the process yourself or by informing the customer advisor to stop the process.                   .

Co-browsing ends either when the process is finished or by automatic timeout. The data processing is handled by a unique session ID. We do not record or store data from the browser view. To prevent misuse, we store the following data after the co-browsing process has ended:

    • Session ID,
    • Date and time of the session,
    • Operating system and browser.

Data communication in the live chat and the co-browsing is encrypted. We delete your IP address when the browser session ends and only save the above-mentioned data, which does not allow a retracing to your person.

There is no data transfer to third parties, especially not to Surfly BV, Netherlands.

The legal basis for the co-browsing is your consent, which must be sent to us before starting co-browsing in accordance with Art. 6 Para. 1 sentence 1 lit. a GDPR. You give this consent by activating the corresponding Accept-Button in a separate pop-up. Without this consent, the above-mentioned data processing will not take place. You can revoke a given consent at any time by aborting the process with effect for the future, without affecting the legality of the processing carried out on the basis of the consent until the revocation.

3. Analysis, tracking tools

a) Google Analytics

For the purpose of tailoring our pages to your needs and continuously optimising them, we use Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google uses cookies. The information generated by the cookie about the use of the website by the user is usually transferred to a Google server in the USA and stored there.

(https://www.google.de/intl/de/about/)

In this context, pseudonymised user profiles are created and cookies (see above under section IV.) are used. The information generated by the cookie about your use of this website such as

    • Browser type/version,
    • the operating system used,
    • Referrer URL (the previously visited page),
    • Host name 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 the demand-oriented design of these web 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 anonymised so that an identification is not possible (IP-Masking).

Google is certified under the EU-US Privacy Shield. The Privacy Shield is a data protection certification from the USA. Companies can thus demonstrate a specified level of data protection. Information on the Privacy Shield (US data protection certificate) can be found here: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

Further information as well as Google’s privacy policy can be found at: https://www.google.de/policies/privacy/.

You can prevent the collection of data generated by the cookie and related to your use of our 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).

The legal basis for the use of Google Analytics is your explicit consent, Art. 6 para. 1 sentence 1 lit a GDPR. We will inform you about the possibility of consent below under section IV.

b) Hotjar – web analytics service

Our website uses the web analytics service Hotjar of Hotjar Ltd.

Hotjar Ltd. is a European company based in Malta (Hotjar Ltd, Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe, Tel.: +1 (855) 464-6788).

With this tool, movements on websites where Hotjar is used can be traced (so-called heat maps). For example, it is possible to see how far users scroll and which buttons are clicked on and how often. The tool also allows feedback to be obtained directly from the users of the website. Above all, Hotjar’s services can improve the functionality of the Hotjar-based website by making it more user-friendly, more valuable and easier for end users to navigate.

When using this tool, we can only track which buttons are clicked, the course of the mouse, how far it scrolls, the screen size of the device, the device type and browser information, the geographic location (country only) and the preferred language for displaying our website. Areas of the website in which personal data from you or third parties are displayed are automatically hidden by Hotjar and therefore cannot be traced at any time. In order to exclude the possibility of direct personal references, IP addresses are only stored and processed anonymously.

The legal basis for the processing is Art. 6 para. 1 sentence 1 lit. f GDPR. We have a legitimate interest in analysing your anonymised user behaviour in order to optimise our web and advertising presence. Since we do not pass on the data to third parties and, in addition, store or process the IP addresses in anonymised form, the interference with your personal rights is minimal, so that our interests take precedence in the weighing up of interests we carry out.

Hotjar also offers every user the option of preventing the use of the Hotjar tool by means of a “Do Not Track Header”, so that no data about the visit to the respective website is recorded. This is a setting that is supported by all common browsers in current versions. To do this, your browser sends a request to Hotjar to disable tracking for that user. If you use our websites with different browsers/computers, you must set up the “Do Not Track Header” separately for each of these browsers/computers.

When you visit a Hotjar-based website, you can prevent Hotjar from collecting your data at any time by visiting our opt-out page

https://www.hotjar.com/legal/compliance/opt-out and click deactivate Hotjar.

For more information about Hotjar Ltd. and the Hotjar tool, see
https://www.hotjar.com

The privacy policy of Hotjar Ltd. can be found at

https://www.hotjar.com/privacy

4. Social media plug-ins

We do not use social plug-ins of social networks on our website. You can access our online presence on Facebook and Linkedin by activating the appropriate links provided on our website. A data transfer to Facebook, LinkedIn or others therefore does not take place when you visit our website, but only when you visit our respective presences by activating the corresponding link. This also applies when you click on the respective “Share on button”, where you are first directed to the login of the respective platform.

IV. Cookies

We use cookies on our website. In the following we inform you about which cookies we use for which purposes and on what legal basis.

1. General information / Consent – modification and revocation / Information on the cookies used on this website

Change your cookie settings here

2. Necessary Cookies – applicable without consent

Cookies are necessary for some functionalities of our website or trading platform, e.g. for login. In this case, the use of cookies is justified in accordance with Art. 6 Para. 1 sentence 1 lit. b GDPR in order to be able to correctly fulfill the function you require. Your consent is not required for the use of these cookies.

3. Analysis & tracking by Google that are subject to consent

We use the tracking measures of Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), which is described in more detail below. Google uses cookies. The information generated by the cookie about the use of the website by the user is usually transferred to a Google server in the USA and stored there.

(https://www.google.de/intl/de/about/)

In the event that personal data is transferred to Google LLC. with its registered office in the USA, Google LLC. has certified itself for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the level of data protection applicable in the EU. A current certificate can be viewed here: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

You can find further information as well as Google’s privacy policy at: https://www.google.de/policies/privacy/

The tracking measures described below and applied by us will only be carried out with your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, which you give us by activating the corresponding fields in our banner.You can revoke this consent at any time (see above).

We will inform you about other possibilities to prevent the collection of data generated by the cookie and related to your user behaviour (including your IP address) and the processing of this data by Google in the following under a) to c) for each of the individual tools.

a) Google Analytics

We use Google Analytics for the purpose of tailoring our pages to your needs and continuously optimizing them. In this context, pseudonymised user profiles are created and cookies are used. The information generated by the cookie about your use of this website such as

    • Browser type/version,
    • the operating system used,
    • Referrer URL (the previously visited page),
    • Host name of the accessing computer (IP address),
    • Time of the server request,

are transmitted to a Google server 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 web 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 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).

b) Google Maps

We use Google Maps in the context of entering your address. This simplifies the use of the form. We also need this function to calculate the distance between potential trading partners and to be able to suggest suitable matches to the users of our trading platform. In addition to the data mentioned above under a), your location is also recorded and transmitted to a Google server.

c) Prevention of data processing by Google

You can also prevent the collection of the data generated by the cookie and related to your use of the website and the processing of this data by Google by installing the plug in provided by Google under the following link: https://www.google.com/settings/ads/plugin.

4. Special information about other cookies that we may use without your consent

We use the cookies described below without requiring your consent. However, we draw your attention to your right of objection in accordance with Art. 21 GDPR (see below, item V.2.).

a) Usability cookies – live chat

Cookies are also set when using the chat function. The cookies used in the chat function enable the recognition of the Internet browser of the website visitor in order to ensure differentiation of the individual users of the chat function of our website.

If the chat function is used by an unregistered website visitor, the processing of personal data within the chat function is based on our legitimate interest in accordance with Art. 6 Para. 1 sentence 1 lit. f GDPR. We have a legitimate interest in analysing your anonymized user behaviour in order to optimize our web and advertising presence. Since we do not pass on the data to third parties and, in addition, store or process the IP addresses in anonymized form, the interference with your personal rights is minimal, so that our interests take precedence in the weighting up of interests we carry out.

If the chat function is used by registered website/platform users, cookies are used to process personal data within the chat function in accordance with Art. 6 Para. 1 sentence 1 lit. b GDPR as part of our contractual obligations to support the use of the platform. For non-registered website users, cookies are used to process personal data on the basis of our legitimate interest in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest is based on the fact that we want to offer you an optimal service by promptly responding to your inquiries or supporting you in using our trading platform. Due to your voluntary use of the chat tool and due to the fact that your interests are only slightly impaired as a result of the limited transfer of data to Habla Inc. in the USA, a weighing of interests carried out by us shows that our interests take precedence.

b) Hotjar – web analytics service

We also use other cookies in order to be able to carry out statistical evaluations.

These cookies are used to automatically collect technical device- and access data, which are transmitted by your browser during your interaction with our website or the trading platform. We use the collected data to optimise our online presence. We have already given you more detailed information above.

The legal basis for the use of the necessary cookies is our legitimate interest. Since we exclude the possibility of a direct personal reference by means of anonymous storage and further processing of your IP addresses and do not pass on the data to third parties, an impairment of your interests is not apparent. A weighing up of interests carried out by us thus shows that our interest in the use of these cookies is justified.

5. Disabling cookies

Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or that a message always appears before a new cookie is created. However, completely disabling cookies may prevent you from using all the features of our website.

You can also disable third-party cookies by visiting the Network Advertising Initiative’s opt-out page at https://www.networkadvertising.org/choices/ and following the opt-out information provided there.

6. Duration of storage/deletion of cookies

Please refer to the table above (in the cookie settings, above under point 1.) for the duration of storage of the data processed with the respective cookies. If you withdraw your consent, the data will be deleted immediately.

Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or 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 or trading platform.

You can also disable third-party cookies by visiting the Network Advertising Initiative’s opt-out page at https://www.networkadvertising.org/choices/ and following the opt-out information provided there.

B. DATA PROCESSING IN CONTACT OUTSIDE OF OUR ONLINE REPRESENTATION (by telephone, e-mail, fax or on site)

In the following we will inform you in detail about the type and purpose as well as the legal basis for the processing of personal data that we use when contacting you outside the use of our website.

1. Personal data of customers/interested parties

Within the scope of the contact with you, whether by telephone, email, fax or personally on site or in any other comparable way, it is inevitable that you provide us with so-called personal data, in particular your name, address and other contact details (telephone, fax, email).
We process the above-mentioned personal data for the purpose of advertising our services to you and for answering your questions. Furthermore, we process the data for our own analyses and statistical purposes as well as to optimise our service offer.

The legal basis for processing for the purpose of processing a request is Art. 6 Para. 1 sentence 1 lit. b GDPR.

To be able to contact you promptly, we also record your telephone number and/or e-mail address. The legal basis for this is our corresponding legitimate interest in the best possible processing of your question (Art. 6 para. 1 sentence 1 lit. f GDPR).

Processing for the purpose of advertising our services is justified by our legitimate interest in advertising our products in accordance with Art. 6 Para. 1 sentence 1 lit. f GDPR. This also applies to processing for our own analyses and statistical purposes as well as for the optimisation of our services.

2. Data of contact persons of our contractors (service providers etc.)

If necessary, we store the contact data (name, first name, address, telephone number, e-mail address, company affiliation) of contact persons of our contractors (service providers, etc.) for the purpose of preparing, concluding and processing contracts and requests. The legal basis for the processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest results from the purpose of preparing, concluding and processing contracts and requests.

3. Data processing for applications and in the application process

In the context of applications, we collect and process the personal data of applicants for the purpose of handling the application procedure. The legal basis for the processing is Art. 88 GDPR in conjunction with § 26 Bundesdatenschutzgesetz (Federal Data Protection Act). The processing can also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents to us electronically, for example by e-mail or via a contact form on the website. If we conclude a contract with an applicant, the transmitted data will be stored for the purpose of processing the contractual relationship in compliance with the statutory provisions. The legal basis for this results from Art. 6 para. 1 sentence 1 lit. b GDPR.

4. Processing of personal data which we receive via third parties

In connection with our business activities, in particular the acquisition of new business partners, it may happen that we collect your personal data although you have not contacted us directly. Your data may be disclosed to us by third parties or we may obtain it from publicly accessible sources.

According to Art. 6 Para. 1 sentence 1 lit. f GDPR, data processing is required to establish contact with potential business partners. Any further processing after you have been contacted will then only take place within the framework of a resulting business relationship or otherwise with your explicit consent in accordance with the requirements mentioned above under II. 1 to 3.

C. STORAGE and TRANSFER

I. STORAGE DURATION

The data will be deleted as soon as they are no longer necessary for the purpose of their processing. In detail:

    1. If you have visited our website without registering, your IP address will be saved for 7 days and then anonymized.
    2. The data we process when you register for our newsletter will be stored until you unsubscribe from the newsletter or until we terminate it.
    3. If we have received your data via third parties or obtained it from publicly accessible sources, we will delete the data after one year at the latest. Anything else only applies if a business relationship has resulted from the contact or if you have given us your consent to process the data.
    4. If a contract is concluded, the personal data collected by us will be stored until the expiry of the statutory warranty/limitation periods and deleted thereafter, unless we are obliged to store the data for a longer period of time in accordance with Article 6 Paragraph 1 sentence 1 lit. c GDPR due to tax and commercial law storage and documentation obligations (from HGB, StGB or AO) or you have consented to storage beyond this in accordance with Article 6 Paragraph 1 sentence 1 lit. a GDPR.
    5. Data that is processed by us within the scope of a permanent business relationship, i.e. in particular within the scope of your use of the houseofcrops.de trading platform, will be deleted upon termination of the business relationship after expiry of the statutory warranty/limitation/retention periods.
    6. Data of people who have applied to us as employees will be deleted 3 months after completion of the application procedure – if no contract is concluded with the applicant. This only applies if no other justified interests on our part conflict with a deletion. Other legitimate interests in this sense include, for example, a duty of proof in proceedings under the General Equal Treatment Act (GETA).

II. TRANSFER OF DATA

In the following, we will inform you under which conditions and, if applicable, to whom we pass on which of your data.

1. Authorization to transfer 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:

    • it is legally permitted and is necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR,
    • there is a legal obligation to pass on the data in accordance with Art. 6 para. 1 sentence 1 lit. c GDPR and/or
    • the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an outweighing interest worthy of protection in not disclosing your data.

For other purposes we will only pass on your personal data if you have given your explicit consent to do so, Art. 6 para. 1 sentence 1 lit. a GDPR.

2. Recipients

Your personal data will be passed on by us to third parties, if necessary within the scope of a contract conclusion to the service partners involved, in particular logistics companies and credit institutions.

We also transmit your contract data to our tax consultant and the relevant authorities (in particular the tax authorities) and, within the scope of business management evaluations, to our shareholders.

Furthermore, the transmission of your data to the following third parties within the scope of the legally permissible transmission is possible: processors to whom we transmit personal data for the purpose of carrying out the business relationship with you or to whom we allow access to your data stored with us, in particular within the scope of: Support/maintenance of IT applications; archiving; marketing; website management, hosting.

In cases of passing on your personal data to third parties, however, the scope of the transmitted data is limited to the necessary minimum.
The passing on of data is necessary in the context of contract initiation and/or contract fulfilment and is therefore justified in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.

3. Disclosure of data when obtaining so-called business information of a credit assessment

We carry out a credit assessment when establishing contractual relationships.

For the credit assessment we ask for so-called business information before concluding the contract at

SCHUFA Holding AG

Kormoranweg 5 in 65201 Wiesbaden

Tel. 0234 – 9761-200 – Fax 0234 – 9761-216

http://www.schufa.de/unternehmenskunden

Business information is information about legal entities, majorities of persons or natural persons, as far as they operate commercially or on a freelance basis and have their headquarters in Germany.

For the purpose of retrieving economic information, the following data is transmitted to SCHUFA: Name of the company, if applicable name of the owner, postcode, city, if applicable commercial register number.

In the context of business information, SCHUFA will issue so-called credit limit recommendations. In addition to creditworthiness, the credit limit recommendation takes into account, among other things, the size of the company and balance sheet ratios. Furthermore, business information also contains details of the economic activity. For this purpose, the classifications of the Federal Statistical Office’s classification of economic activities or other common classifications are used. The assignment of a company to a branch of economic activity (branching) is based on a highly automated procedure in which the business object is evaluated. Economic information can also contain so-called payment history information. Economic information can also contain information on the payment behaviour of the organs or shareholders. If economic information also contains details of the payment behaviour of the organs or partners, SCHUFA is obliged to indicate this in the data stock of the organ or partner in order to document the legitimate interest of the contractual partner.

The data transmitted to us by the SCHUFA may only be used by us for the requested purpose. They may not be passed on by us to third parties and therefore not to other users.

We would like to point out that we reserve the right to refuse to conclude a contract with you if the information provided shows negative creditworthiness relevant characteristics about you.

Since we make advance payments to our commercial customers, we have a legitimate interest in protecting ourselves as much as possible against the occurrence of payment defaults. The same applies to our users, whom we would also like to protect from payment defaults as far as possible and reasonable, in order to not bring our service into discredit. For this purpose, the above-mentioned collection of economic information is carried out via SCHUFA. The collection, storage and transfer of the above-mentioned relevant data, which may also include personal data of users, is thus carried out under consideration of the interests on our primary legitimate interest and therefore in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. You can object to the transmission of this data to SCHUFA at any time, however, registration on/use of our platform is then generally not possible.

In addition, we transmit to the SCHUFA so-called negative data (e.g. insolvency and negative payment experiences) of our customers which we have become aware of. This takes place, in accordance with the legal requirements, insofar as it is necessary to protect our legitimate interests and the legitimate interests of third parties and there is no reason to assume that your interests or fundamental rights and freedoms, which require the protection of personal data, outweigh, legal basis is also here Art. 6 para. 1 sentence 1 lit. f GDPR.

4. Transfer to third countries

There will be no direct transfer of your data to third countries outside the EU and the EEA. However, we would like to point out once again that the use of Google Analytics and Google Maps (see point A.III.3. above) by Google Inc. may result in an internal transfer of data to the USA. We have no influence on this.

D. RIGHTS OF THE AFFECTED PERSONS

You have the following rights with regard to the processing of your personal data

1. General rights

You have the right:

    • in accordance with Art. 15 GDPR to request free 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. 16 GDPR, to demand without delay the correction of incorrect or incomplete personal data stored by us;
    • in accordance with Art. 17 GDPR to demand the deletion of your personal data stored by us, unless 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 GDPR, to demand the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is illegitimate, 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 pursuant to Art. 21 GDPR;
    • in accordance with Art. 20 GDPR, 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;
    • in accordance with Art. 7 para. 3 GDPR, to revoke your consent to us at any time. As a result, we may no longer continue data processing based on this consent in the future and
    • to complain to a supervisory authority in accordance with Art. 77 GDPR As a rule, you can turn to the supervisory authority of your usual place of residence or workplace or to our head office.

2. Right of objection

If your personal data are processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, if there are reasons for doing so that arise from your particular situation or if the objection is raised 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.

Please note that in the event of an objection to the disclosure of your personal data within the scope of a credit assessment, further use of our trading platform is generally not (or no longer) possible (see section C.II.3. above).

3. Exercise of rights of affected persons, in particular the right of revocation or objection

If you would like to make use of your rights, in particular your right of revocation or objection, simply send an e-mail to datenschutz@houseofcrops.de.

E. DATA SECURITY

We use the common SSL (Secure Socket Layer) method in connection with the highest encryption level supported by your browser. Usually this is a 256 bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead.

You can recognize an encrypted connection by the fact that the browser address line changes from “http://” to “https://” and by the lock symbol in your browser line.

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

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.

F. UPDATE AND MODIFICATION OF THIS PRIVACY POLICY

This data protection declaration is currently valid and is dated December 2019.

It may become necessary to modify this data protection declaration as a result of the further development of our website and offers on it or due to changes in legal or official requirements. You can access and print out the current data protection declaration at any time on the website at https://www.houseofcrops.de/datenschutz.

The data protection information was prepared by attorney Kathrin-E. Commandeur, Hamburg – https://www.commandeur.org – for the House of Crops GmbH.