We are very pleased with your interest in our company. Data protection is of particular importance to the management of Black Fox GmbH. The use of the Black Fox GmbH website is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
Black Fox GmbH, as the controller responsible for processing, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, it is open to any data subject to transmit personal data to us via alternative means, such as by telephone.
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for processing
Controller or controller responsible for processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities that may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
Third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Name and address of the controller
The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union, and other provisions related to data protection is:
Black Fox GmbH
Landsberger Str. 155
80687 Munich, Germany
Any data subject may, at any time, contact us directly with any questions and suggestions regarding data protection.
The cookie is functionally necessary and is exclusively used to store the language of the website for the user, in order to localize all our websites as effectively as possible for them. There is no further evaluation of the cookie.
The user can prevent the setting of cookies through our website at any time by means of a corresponding setting in the Internet browser used, and thus permanently oppose the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. If the setting of cookies is disabled in the Internet browser used, our website may no longer remember the language.
Collection of general data and information
The website of Black Fox GmbH collects a series of general data and information with each visit by a data subject or an automated system. This general data and information are stored in the server’s log files. The data collected may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that may be used in the event of attacks on our information technology systems.
When using this general data and information, Black Fox GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. This anonymously collected data and information is therefore statistically evaluated by Black Fox GmbH, on the one hand, and also with the aim of increasing data protection and data security in our company to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Subscription to our newsletter
On our website, users have the opportunity to subscribe to our newsletter, through which we inform our customers and business partners about news, new offers, or changes to our newsletter service on a regular basis.
The newsletter can only be received if the user has a valid email address and has registered for the newsletter service. During the registration process, a confirmation email will be sent first for legal reasons. This confirmation email is used to verify whether the owner of the email address, as the data subject, has authorized the receipt of the newsletter. Only after clicking on the confirmation link in the confirmation email will the user’s email address and the language selected at the time of registration on our website be stored by us solely for the purpose of sending the newsletter. We do not disclose or use this data for other purposes.
The subscription to our newsletter and the associated consent to the storage of personal data for this purpose can be revoked by the data subject at any time. This can be done either by clicking on the unsubscribe link in each newsletter sent by us or by contacting us manually using one of the contact options provided in this statement.
Contact possibility via the website
The website of Black Fox GmbH contains information that enables quick electronic contact to our company, as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller responsible for processing by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data voluntarily provided by a data subject to the controller responsible for processing are stored for the purpose of processing or contacting the data subject. This personal data will not be disclosed to third parties.
Routine erasure and blocking of personal data
The controller responsible for processing processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or as required by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with legal requirements.
8. Rights of the data subject
a) Right to confirmation Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the controller at any time.
b) Right to information Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain free information from the controller at any time about the personal data stored about them and to receive a copy of this information. Furthermore, the European legislator has granted the data subject the right to obtain the following information:
the purposes of the processing the categories of personal data processed the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations if possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period the existence of the right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing the right to lodge a complaint with a supervisory authority where the personal data are not collected from the data subject: any available information as to their source the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject Furthermore, the data subject has the right to know whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right to information, they can contact an employee of the controller at any time.
c) Right to rectification Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, they can contact an employee of the controller at any time.
d) Right to erasure (Right to be forgotten) Every data subject affected by the processing of personal data has the right granted by the European legislator to demand from the controller the erasure of personal data concerning them without undue delay, provided that one of the following grounds applies and the processing is not necessary:
The personal data are no longer necessary for the purposes for which they were collected or otherwise processed. The data subject withdraws consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and where there is no other legal ground for the processing. The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. The personal data have been unlawfully processed. The erasure of personal data is required for compliance with a legal obligation in Union or Member State law to which the controller is subject. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR. If one of the above-mentioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Black Fox GmbH, they can contact an employee of the controller. The employee of Black Fox GmbH will arrange for the erasure request to be fulfilled without undue delay.
If the personal data have been made public by Black Fox GmbH, and our company as the controller is obliged to erase the personal data pursuant to Article 17(1) of the GDPR, Black Fox GmbH, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The employee of Black Fox GmbH will arrange the necessary measures in individual cases.
e) Right to restriction of processing Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use. The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims. The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the above-mentioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Black Fox GmbH, they can contact an employee of the controller. The employee of Black Fox GmbH will initiate the restriction of processing.
f) Right to data portability Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which was provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject can contact an employee of Black Fox GmbH at any time.
g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time, to the processing of personal data concerning them, which is based on Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
Black Fox GmbH will no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.
If Black Fox GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Black Fox GmbH processing personal data for direct marketing purposes, Black Fox GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them by Black Fox GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact any employee of Black Fox GmbH or another employee. The data subject is also free to exercise their right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, Black Fox GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.
To exercise their rights relating to automated individual decision-making, including profiling, the data subject may contact any employee of the controller at any time.
i) Right to withdraw consent for data processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw their consent to the processing of their personal data at any time.
To exercise the right to withdraw consent, the data subject may contact any employee of the controller at any time.
9. Data protection provisions regarding the use of Facebook
The controller has integrated components of the Facebook company on this website. Facebook is a social network.
A social network is an internet-based social meeting place, an online community that allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or enables the online community to provide personal or company-related information. Facebook allows users of the social network, among other things, to create private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the United States or Canada, the controller responsible for processing personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
The data protection policy published by Facebook, which is available at https://www.facebook.com/about/privacy/, provides information on the collection, processing, and use of personal data by Facebook. It also explains the privacy settings Facebook offers to protect the data subject’s privacy. Additionally, various applications are available that allow the data subject to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
We operate Facebook fan pages on Facebook. In this context, we receive statistical data from Facebook of various categories, such as the total number of page views, page activities, post interactions, video views, post reach, comments, shared content, responses, geographic information such as city and country, language, shop views and clicks, gender breakdown, clicks on directions and phone numbers, and number of likes. This data is automatically collected by Facebook and provided to us. We use this data to make our Facebook fan pages and their content more appealing and to publish targeted advertisements at the right time. The legal basis for using the statistical data is Article 6(1)(f) of the GDPR.
Due to the collection of statistical data by Facebook, Facebook has undertaken responsibility, in relation to us as the operator of the fan page, for the data protection compliance of collecting the statistical data and fulfilling the rights of the data subjects in connection with the statistical data. The same applies to ensuring the security of the data in question. Further information on this and on fulfilling the rights of the data subjects on the Facebook page with the relevant information on the statistical data for “Page Insights” can be found here: https://www.facebook.com/legal/terms/page_controller_addendum. Here, you can also review the relevant contents of the agreement between Facebook and us as the page operator regarding the so-called “Page Controller Addendum,” which is to be seen as a contract according to Article 26 of the GDPR between Facebook and us as the fan page operator as joint controllers.
If you have any inquiries regarding your rights concerning information, correction, deletion, data portability, or the right to object, please contact Facebook directly. Should the inquiries be directed to us, we will forward them. In this context, we would like to point out that, despite being considered joint controllers according to Article 26 of the GDPR, we as the operator of the fan page have no influence on the collection and processing of the statistical data. The sole responsibility lies with Facebook Ireland Ltd.
10. Legal basis for processing
Article 6(1)(a) of the GDPR serves as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, such as processing operations required for the delivery of goods or the provision of services or other consideration, the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the performance of pre-contractual measures, such as inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as fulfilling tax obligations, the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were to be injured and their name, age, health insurance data, or other vital information would need to be passed on to a doctor, hospital, or other third party. In this scenario, the processing would be based on Article 6(1)(d) of the GDPR. Ultimately, processing operations could be based on Article 6(1)(f) of the GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases, when processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests, fundamental rights, and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. The legislator considered that a legitimate interest could be assumed if the data subject is a customer of the data controller (Recital 47, Sentence 2 of the GDPR).
11. Legitimate interests pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.
12. Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data will be routinely deleted, as long as it is no longer necessary for the performance of the contract or the initiation of a contract.
13. Legal or contractual provisions regarding the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information about the contractual partner). Occasionally, it may be necessary to conclude a contract that the data subject provides us with personal data that must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject may contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of failure to provide the personal data.
14. Existence of automated decision-making
As a responsible company, we refrain from automated decision-making or profiling.