Privacy policy

As of August 5, 2020

Contents overview

  • Responsible person
  • Overview of the processing
  • Relevant legal bases
  • Use of cookies
  • Payment service provider
  • Provision of the online offer and web hosting
  • contact
  • Chatbots and chat functions
  • Cloud services
  • Web analysis, monitoring and optimization
  • Plugins and embedded functions as well as content
  • Deletion of data
  • Rights of data subjects

Responsible person

Big Five Distribution Gewerbering 15

91315 Höchstadt a.d Aisch

Authorized representatives: Delvin Lindner Email address: Telephone: 01637771725

Overview of the processing

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

Types of data processed

  • Inventory data (e.g. names, addresses).
  • Content data (e.g. text input, photographs, videos).
  • Contact details (e.g. email, telephone numbers).
  • Meta / communication data (e.g. device information, IP addresses).
  • Usage data (e.g. websites visited, interest in content, access times).
  • Contract data (e.g. subject of the contract, duration, customer category).
  • Payment data (e.g. bank details, invoices, payment history).

Categories of data subjects

  • Employees (e.g. employees, applicants, former employees).
  • Interested persons.
  • Communication partner.
  • Customers.
  • Users (e.g. website visitors, users of online services).

Purposes of processing

  • Provision of our online offer and user-friendliness.
  • Visit action evaluation.
  • Office and organizational procedures.
  • Direct marketing (e.g. by email or post).
  • Interest-based and behavioral marketing.
  • Contact requests and communication.
  • Profiling (creation of user profiles).
  • Remarketing.
  • Range measurement (e.g. access statistics, recognition of returning visitors).
  • Tracking (e.g. interest / behavioral profiling, use of cookies).
  • Contractual services and services.
  • Management and answering of inquiries.

Relevant legal bases

In the following we share the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process the personal data. Please note that in addition to the provisions of the GDPR, the national data protection requirements in your or our country of residence and domicile may apply. If more specific legal bases are relevant in individual cases, we will inform you of this in the data protection declaration.

Consent (Art. 6 Para. 1 S. 1 lit. a GDPR) – The person concerned has given their consent to the processing of their personal data for a specific purpose or for several specific purposes.

Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR) – The processing is necessary for the fulfillment of a contract to which the data subject is a party or for the implementation of pre-contractual measures that take place at the request of the data subject.

Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR) – Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which protect personal Data require, predominate.
 

National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national data protection regulations apply in Germany. This includes in particular the law on the protection against misuse of personal data during data processing (Federal Data Protection Act – BDSG). In particular, the BDSG contains special regulations on the right to information, the right to erasure, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases, including profiling. It also regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states can be applied.
 

Use of cookies

Cookies are text files that contain data from visited websites or domains and are stored on the user’s computer by a browser. A cookie is primarily used to store information about a user during or after their visit to an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was viewed. The term cookies also includes other technologies that fulfill the same functions as cookies (e.g. if user information is stored using pseudonymous online identifiers, also known as “user IDs”)
 

A distinction is made between the following types of cookies and functions:
 

  • Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
  • Permanent cookies: Permanent cookies are saved even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. The interests of users who are used to measure reach or for marketing purposes can also be stored in such a cookie.
  • First-party cookies: We set first-party cookies ourselves.
  • Third-party cookies (also: third-party cookies): Third-party cookies are used
    mainly used by advertisers (so-called third parties) to process user information.
  • Necessary (also: essential or absolutely necessary) cookies: On the one hand, cookies may be absolutely necessary for the operation of a website (e.g. to save logins or other user input or for security reasons).
  • Statistics, marketing and personalization cookies:
    Usually also used in the context of range measurement and when the interests of a user or his behavior (e.g. viewing certain content, use of functions, etc.) are stored in a user profile on individual websites. Such profiles are used to show users, for example, content that corresponds to their potential interests. This process is also known as “tracking”, i.e. following up the potential interests of users. . Insofar as we use cookies or “tracking” technologies, we will inform you separately in our data protection declaration or in the context of obtaining consent.

Notes on legal bases:

The legal basis on which we process your personal data with the help of cookies depends on whether we ask for your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or, if the use of cookies is necessary, to fulfill our contractual obligations.
 

Storage duration: If we do not provide you with any explicit information on the storage duration of permanent cookies (e.g. as part of a so-called cookie opt-in), please assume that the storage duration can be up to two years.
 

General information on revocation and objection (opt-out):
Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data using cookie technologies (collectively referred to as “opt-out”). You can first explain your objection using the settings of your browser, e.g. by deactivating the use of cookies (which can also restrict the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be declared using a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/ become. In addition, you can receive further objection notices in the context of the information on the service providers and cookies used.

Processing of cookie data on the basis of consent: Before we process or have data processed in the context of the use of cookies, we ask the user for consent that can be revoked at any time. Before the consent has not been given, cookies may be used, which are absolutely necessary for the operation of our online offer.
 

  • Processed data types: usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).
  • Affected persons: users (e.g. website visitors, users of online services).
  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Payment service provider

In the context of contractual and other legal relationships, due to legal obligations or otherwise based on our legitimate interests, we offer the persons concerned efficient and secure payment options and use other payment service providers in addition to banks and credit institutions (collectively “payment service providers”).

The data processed by the payment service providers include inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, sum and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. The data may be transmitted to credit agencies by the payment service provider. The purpose of this transmission is to check your identity and creditworthiness. For this we refer to the terms and conditions and the data protection information of the payment service providers.

For payment transactions, the terms and conditions and the data protection information of the respective payment service provider apply, which can be called up within the respective websites or transaction applications. We refer to this also for the purpose of further information and assertion of revocation, information and other rights of data subjects.

Processed data types: inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contract data (e.g. subject matter of the contract, term, customer category), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. Device information, IP addresses).

  • Affected persons: customers, interested parties.
  • Purposes of processing: contractual performance and service.
  • Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR), legitimate interests (Art. 6 Par. 1 S. 1 lit. f. GDPR).

Eingesetzte Dienste und Diensteanbieter:

Giropay: payment services; Service provider: giropay GmbH, An der Welle 4, 60322 Frankfurt, Germany; Website:; Data protection: 

Klarna / Sofortüberweisung: payment services; Service provider: Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden; Website: Privacy Policy:

Mastercard: payment services; Service provider: Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium; Website: Privacy Policy:

PayPal: payment services and solutions (e.g. PayPal, PayPal Plus, Braintree); Service provider: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg; Website: Privacy Policy:

Visa: payment services; Service provider: Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, GB; Website:; Data protection:

Provision of the online offer and web hosting

In order to be able to provide our online offer safely and efficiently, we use the services of one or more web hosting providers, from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we can use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.

The data processed as part of the provision of the hosting offer can include all information relating to the users of our online offer that is generated in the context of use and communication. This regularly includes the IP address, which is necessary in order to be able to deliver the content of online offers to browsers, and all entries made within our online offer or from websites. 

Collection of access data and log files: We (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files can include the address and name of the web pages and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and usually IP Addresses and the requesting provider belong. 

The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the server (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure the load on the servers and their stability.

  • Processed data types: content data (e.g. text input, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).
  • Affected persons: users (e.g. website visitors, users of online services).
  • Purposes of processing: contractual performance and service.
  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Used services and service providers:

Wix: website hosting platform; Service provider: Wix.com ltd., Tel Aviv, 500 Terry A. Francois Boulevard, San Francisco, California 94158, USA; Website:; Data protection:

Contact

When you contact us (e.g. via the contact form, email, phone or via social media), the details of the inquiring person are processed, insofar as this is necessary to answer the contact inquiries and any requested measures.

The answering of contact inquiries in the context of contractual or pre-contractual relationships takes place to fulfill our contractual obligations or to answer (pre) contractual inquiries and otherwise on the basis of the legitimate interests in answering the inquiries.

  • Processed data types: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos).
  • Affected persons: communication partner.
  • Purposes of processing: contact requests and communication.
  • Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR), legitimate interests (Art. 6 Par. 1 S. 1 lit. f. GDPR).

Chatbots and chat functions
We offer online chats and chatbot functions as a means of communication (collectively referred to as “chat services”). A chat is an online conversation conducted with a certain timeliness. A chatbot is software that answers users’ questions or informs them of messages. If you use our chat functions, we can process your personal data.

If you use our chat services within an online platform, your identification number will also be stored within the respective platform. We can also collect information about which users interact with our chat services and when. We also store the content of your conversations via the chat services and log registration and consent processes in order to be able to prove them in accordance with legal requirements.

We point out to users that the respective platform provider can find out that and when users communicate with our chat services as well as technical information about the device used by the user and, depending on the settings of their device, location information (so-called metadata) for the purpose of optimizing the respective services and security purposes. Likewise, the metadata of the communication via chat services (i.e., for example, the information about who has communicated with whom) by the respective platform provider, in accordance with their provisions, to which we refer for further information, could be used for marketing purposes or to display advertising tailored to users be used.

If users agree to a chatbot to activate information with regular messages, they have the option at any time to unsubscribe from the information for the future. The chatbot tells users how and with what terms they can unsubscribe from the messages. By unsubscribing from chatbot messages, user data is deleted from the message recipient directory.

We use the above information to operate our chat services, e.g. to address users personally, to answer their inquiries, to transmit any requested content and also to improve our chat services (e.g. to give chatbots answers to frequently “To teach” questions asked or to recognize unanswered questions).
 

Notes on legal bases:
We use the chat services on the basis of consent if we have previously obtained the users’ permission to process their data in the context of our chat services (this applies to cases in which users are asked for consent, e.g. so that a chatbot sends you messages regularly). If we use chat services to answer user inquiries about our services or our company, this is done for contractual and pre-contractual communication. In addition, we use chat services on the basis of our legitimate interests in optimizing the chat services, their economic efficiency and increasing the positive user experience.

Revocation, objection and deletion:
You can revoke your consent at any time or object to the processing of your data in the context of our chat services.

Processed data types: contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses) , Inventory data (e.g. names, addresses).

  • Affected persons: communication partner.
  • Purposes of processing: contact inquiries and communication, direct marketing (e.g. by email or post), administration and answering of inquiries.
  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR). 

Used services and service providers:

LiveChat: chat function; Service provider: LiveChat Inc., One International Place, Suite 1400 Boston, Massachusetts 02110, USA; Website: Privacy Policy:

Cloud services

We use software services (so-called “cloud services”, also known as “software as a service”) that are accessible via the Internet and run on the servers of their providers for the following purposes: document storage and administration, calendar management, sending e-mails, spreadsheets and presentations, exchange of documents, content and information with specific recipients or publication of websites, forms or other content and information as well as chats and participation in audio and video conferences.

In this context, personal data can be processed and stored on the servers of the provider, insofar as they are part of communication processes with us or otherwise processed by us, as set out in this data protection declaration. This data can in particular include master data and contact details of the users, data on transactions, contracts, other processes and their content. The cloud service providers also process usage data and metadata, which they use for security purposes and for service optimization.

If we use the cloud services to provide forms or other documents and content for other users or publicly accessible websites, the providers can store cookies on the users’ devices for the purposes of web analysis or to change user settings (e.g. in the case of media control) remember, save.

Notes on legal bases: If we ask for consent to the use of cloud services, the legal basis for processing is consent. Furthermore, their use can be part of our (pre) contractual services, provided that the use of the cloud services has been agreed in this context. Otherwise, user data will be processed on the basis of our legitimate interests (i.e., interest in efficient and secure administration and collaboration processes)

  • Processed data types: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. Device information, IP addresses).
  • Affected persons: customers, employees (e.g. employees, applicants, former employees), interested parties, communication partners.
  • Purposes of processing: office and organizational procedures.
  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a GDPR), contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b.GDPR), legitimate interests (Art. 6 Para. 1 S. . 1 lit.f. GDPR).

Web analysis, monitoring and optimization

The web analysis (also known as “range measurement”) is used to evaluate the flow of visitors to our online offer and can include behavior, interests or demographic information about the visitors, such as age or gender, as pseudonymous values. With the help of the range analysis, we can, for example, recognize at which time our online offer or its functions or content are used most often or invite you to reuse. We can also understand which areas need optimization.

In addition to web analysis, we can also use test procedures, e.g. to test and optimize different versions of our online offer or its components.

For these purposes, so-called user profiles can be created and saved in a file (so-called “cookie”) or similar processes can be used for the same purpose. This information may include content viewed, websites visited and elements and technical information used there, such as the browser used, the computer system used and information on times of use. If users have consented to their location data being collected, this can also be processed, depending on the provider.

The IP addresses of the users are also saved. However, we use an IP masking process (i.e. pseudonymization by shortening the IP address) to protect users. In general, no clear user data (such as e-mail addresses or names) are stored in the context of web analysis, A / B testing and optimization, but pseudonyms. This means that we as well as the providers of the software used do not know the actual identity of the users, but only that for the purposes of the respective procedures in their profiles

Notes on legal bases:
If we ask users for their consent to the use of third-party providers, the legal basis for processing data is consent. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would like to draw your attention to the information on the use of cookies in this data protection declaration.

  • Processed data types: usage data (e.g. websites visited, interest in content, access times).
  • Affected persons: users (e.g. website visitors, users of online services).
  • Purposes of processing: Range measurement (e.g. access statistics, detection

returning visitors), tracking (e.g. interest- / behavior-related profiling, use of cookies), visit action evaluation, profiling (creation of user profiles), interest-based and behavior-related marketing.

  • Security measures: IP masking (pseudonymization of the IP address).
  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Used services and service providers:

Google Optimize: Use of Google Analytics data for the purpose of improving areas of our online offer and improving the alignment of our marketing measures with the potential interests of users; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA; Website:; Data protection declaration: Opposition option (opt-out): Opt-out plug-in: Settings for the display of advertisements:

Plugins and embedded functions as well as content

We incorporate functional and content elements into our online offer that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These can be graphics, videos or social media buttons as well as posts (hereinafter uniformly referred to as “content”).

The integration always presupposes that the third-party providers of this content process the IP address of the user, since without the IP address they would not be able to send the content to their browser. The IP address is therefore required for the display of this content or functions. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user’s device and contain, among other things, technical information about the browser and operating system, the websites to be referred to, the time of visit and other information about the use of our online offer, as well as being linked to such information from other sources.

Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for processing data is consent. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would like to draw your attention to the information on the use of cookies in this data protection declaration.

  • Processed data types: usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses), content data (e.g. text entries, photographs, videos).
  • Affected persons: users (e.g. website visitors, users of online services).
  • Purpose of processing: Provision of our online offer and
  • User-friendliness, contractual services and service.

Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Used services and service providers:

Google Fonts: We integrate the fonts (“Google Fonts”) from the provider Google, whereby the user data is used solely for the purpose of displaying the fonts in the user’s browser. The integration takes place on the basis of our legitimate interests in a technically secure, maintenance-free and efficient use of fonts, their uniform representation and taking into account possible licensing restrictions for their integration. Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA; Website: Privacy Policy:

Google Custom Search: Use of Google’s search engine technology within our online offer; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA; Website: Privacy Policy:

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as the consent permitted for processing is revoked or other permissions are no longer applicable (e.g. if the purpose of processing this data is no longer applicable or is not required for the purpose).

If the data are not deleted because they are required for other and legally permissible purposes, their processing will be limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax law reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

Further information on the deletion of personal data can also be found in the individual data protection information of this data protection declaration.

Rights of the data subjects

As a data subject, you have various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

  • Right of objection: You have the right to object at any time to the processing of your personal data, which is based on Article 6 (1) (e) or (f) GDPR, for reasons that arise from your particular situation; this also applies to profiling based on these provisions. If the personal data relating to you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
  • Right to withdraw consent: You have the right to withdraw your consent at any time.
  • Right to information: You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.
  • Right to correction: In accordance with the legal requirements, you have the right to request the completion of the data relating to you or the correction of incorrect data relating to you.
  • Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to request that the data relating to you be deleted immediately or, alternatively, to request a restriction on the processing of the data in accordance with the legal requirements.
  • Right to data portability: You have the right to receive data relating to you that you have provided to us in accordance with the legal requirements in a structured, common and machine-readable format or to request that it be transmitted to another person responsible.
  • Complaint to the supervisory authority: You also have the right, in accordance with the legal requirements, to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of the data concerning you personal data violates the GDPR.
Big Five Distribution

The Big Five is a young, modern and dynamic company, which was founded in 2017 by the managing director Delvin Lindner.

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Together with our producers, suppliers and trading partners, we shape the German market and supply it with African products of the highest quality in the long term.

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