Data protection

This Privacy Policy is based on the definitions used by the European legislator when adopting the General Data Protection Regulation (GDPR) (Article 4 GDPR). This Privacy Policy is intended to be easily readable and understandable for every person. To ensure this, we would first like to explain the terminology used. In this Privacy Policy, the following definitions, among others, are used:

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

“Data subject” means any identified or identifiable natural person whose personal data is processed by the controller.

“Processing” means 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.

“Restriction of processing” means the marking of stored personal data with the aim of limiting its future processing.

“Profiling” means 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.

“Controller” means 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.

“Recipient” means 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 which 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; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

“Third party” means 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 means 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.

This data protection information applies to data processing by

Controller:

MODALO GmbH,

represented by the managing director Huishuai Ma,

E-mail: service(at)modalo.com

Telephone: +49 40 3680 9990,

Fax: +49 40 3680 999 29

a) When Visiting the Website

You can generally use our website without revealing your identity. When you access our website, information is automatically sent to our website’s server by the browser used on your device. This information is temporarily stored in what is known as a log file. The following information is collected without your intervention and stored until it is automatically deleted:

• IP address of the requesting computer,
• Date and time of access,
• Name and URL of the file accessed,
• Website from which the access originated (referrer URL),
• Browser used and, if applicable, the operating system of your computer, as well as the name of your access provider.

This data is processed by us for the following purposes:

• Ensuring a smooth connection to the website,
• Ensuring convenient use of our website,
• Evaluating system security and stability, and
• For other administrative purposes.

The legal basis for data processing is Art. 6 (1) sentence 1 lit. f GDPR. Our legitimate interest follows from the purposes for data collection listed above. Under no circumstances do we use the data collected to draw conclusions about your person.

Furthermore, we use cookies and analytics services when you visit our website. Further explanations can be found in sections 5 and 7 of this privacy policy.

b) When Using Our Contact Form

For any kind of questions, we offer you the opportunity to contact us via a form provided on our website. A valid e-mail address is required so that we know who the request is from and can respond to it. Additional information can be provided voluntarily. It is entirely your decision whether you wish to enter this data in the contact form.

The data processing for the purpose of contacting us is carried out in accordance with Art. 6 (1) sentence 1 lit. a GDPR based on your voluntarily given consent.

The personal data collected by us for the use of the contact form will be automatically deleted after your inquiry has been processed.

c) When Placing Orders via Our Website

You can place orders via our website either as a guest, without registering, or by registering as a customer in our shop for future orders. Registering provides the advantage that you can log in directly to our shop with your e-mail address and password for future orders without having to re-enter your contact data.

Your personal data is entered into an input mask and transmitted to us and stored. When you place an order via our website, whether as a guest or as a registered user, we initially collect the following data:

• Salutation, first name, last name,
• A valid e-mail address,
• Address,
• Telephone number (landline and/or mobile)

This data is collected in order to:

• Identify you as our customer;
• Process, fulfill, and complete your order;
• Correspond with you;
• Issue invoices;
• Handle any liability claims and assert any claims against you;
• Ensure the technical administration of our website;
• Manage our customer data.

As part of the ordering process, your consent to the processing of this data is obtained.

Data processing is carried out at your request and is necessary pursuant to Art. 6 (1) sentence 1 lit. b GDPR for the purposes stated for the appropriate processing of your order and for the mutual fulfillment of obligations arising from the purchase contract.

The personal data collected by us for the processing of your order will be stored until the expiration of the statutory retention period and then deleted, unless we are obliged to store them for a longer period in accordance with Art. 6 (1) sentence 1 lit. c GDPR due to tax and commercial law storage and documentation obligations (from the German Commercial Code (HGB), German Criminal Code (StGB), or the Fiscal Code of Germany (AO)) or if you have consented to further storage in accordance with Art. 6 (1) sentence 1 lit. a GDPR.

Your personal data will only be disclosed by us to third parties who are involved in the execution of the contract, such as the logistics company commissioned with the delivery and the financial institution responsible for payment processing. In cases where your personal data is passed on to third parties, the scope of the transmitted data is limited to the minimum necessary.

If you choose to pay via PayPal, credit card via PayPal, direct debit via PayPal, or "purchase on account" via PayPal, we will pass on your payment data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), as part of the payment process. For the payment methods credit card via PayPal, direct debit via PayPal, or "purchase on account" via PayPal, PayPal reserves the right to carry out a credit check. The result of the credit check, regarding the statistical probability of payment default, is used by PayPal to decide whether to provide the respective payment method. The credit check may include score values (so-called scoring). If score values are included in the result of the credit check, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, is included in the calculation of the score values. Further information on data protection at PayPal can be found in PayPal’s Privacy Policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

Your personal data will not be transferred to third parties for purposes other than those listed above.

We will only disclose your personal data to third parties if:

• you have given your explicit consent in accordance with Art. 6 (1) sentence 1 lit. a GDPR,
• the disclosure is necessary for the establishment, exercise, or defense of legal claims pursuant to Art. 6 (1) sentence 1 lit. f GDPR, and there is no reason to assume that you have an overriding legitimate interest in not having your data disclosed,
• there is a legal obligation to disclose the data pursuant to Art. 6 (1) sentence 1 lit. c GDPR, or
• it is legally permissible and necessary for the performance of a contract with you in accordance with Art. 6 (1) sentence 1 lit. b GDPR.

As part of the ordering process, your consent to the transfer of your data to third parties is obtained.

Die auf unserer Webseite veröffentlichten Links werden von uns mit größtmöglicher Sorgfalt recherchiert und zusammengestellt. Wir haben jedoch keinen Einfluss auf die aktuelle und zukünftige Gestaltung und Inhalte der verlinkten Seiten. Wir sind nicht für den Inhalt der verknüpften Seiten verantwortlich und machen uns den Inhalt dieser Seiten ausdrücklich nicht zu Eigen. Für illegale, fehlerhafte oder unvollständige Inhalte sowie für Schäden, die durch die Nutzung oder Nichtnutzung der Informationen entstehen, haftet allein der Anbieter der Web-Site, auf die verwiesen wurde. Die Haftung desjenigen, der lediglich auf die Veröffentlichung durch einen Link hinweist, ist ausgeschlossen. Für fremde Hinweise sind wir nur dann verantwortlich, wenn wir von ihnen, d.h. auch von einem eventuellen rechtswidrigen bzw. strafbaren Inhalt, positive Kenntnis haben und es uns technisch möglich und zumutbar ist, deren Nutzung zu verhindern.

The tracking measures listed below and used by us are carried out on the basis of Art. 6 (1) sentence 1 lit. f GDPR. With the tracking measures we use, we aim to ensure a demand-oriented design and the continuous optimization of our website. In addition, we use tracking measures to statistically record the use of our website and evaluate it for the purpose of optimizing our offering for you. These interests are considered legitimate within the meaning of the aforementioned provision.

The respective purposes of data processing and data categories can be found in the descriptions of the individual tracking tools.

a) Google Analytics¹

For the purpose of demand-oriented design and continuous optimization of our pages, we use Google Analytics, a web analytics service of Google Inc. (https://www.google.com/intl/en/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as "Google"). In this context, pseudonymized usage profiles are created and cookies (see section 5) are used. The information generated by the cookie about your use of this website, such as:

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

is transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, compile reports on website activity, and provide other services related to website usage and internet usage for the purposes of market research and demand-oriented design of these internet pages. This information may also be transferred to third parties if required by law or if third parties process this data on behalf of Google. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that an assignment is not possible (IP masking).

You can prevent the installation of cookies by setting your browser software accordingly; however, we point out that in this case not all functions of our website may be fully usable.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).

Alternatively to the browser add-on, especially for browsers on mobile devices, you can prevent data collection by Google Analytics by clicking on the link provided above. An opt-out cookie will be set to prevent the future collection of your data when visiting our website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you will need to set the opt-out cookie again.

Further information on data protection in connection with Google Analytics can be found in the Google Analytics Help Center: https://support.google.com/analytics/answer/6004245?hl=en

b) Google Ads Conversion Tracking

To statistically record the use of our website and evaluate it for the purpose of optimizing our website for you, we also use Google Conversion Tracking. A cookie (see section 5) is set on your computer by Google Ads if you have reached our website via a Google ad.

These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of the website of an Ads customer and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page.

Each Ads customer receives a different cookie. Cookies cannot be tracked via the websites of Ads customers. The information obtained using the conversion cookie is used to create conversion statistics for Ads customers who have opted for conversion tracking. The Ads customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that personally identifies users.

If you do not wish to participate in the tracking process, you can refuse the necessary setting of a cookie – for example, via a browser setting that generally disables the automatic setting of cookies. You can also disable cookies for conversion tracking by setting your browser to block cookies from the domain "www.googleadservices.com". Google's privacy policy for conversion tracking can be found at the following link: https://services.google.com/sitestats/en.html

We use social media plugins of social networks (e.g., Facebook, Twitter, Google+) on our website based on Art. 6 (1) sentence 1 lit. f GDPR to increase the visibility of our company. This promotional purpose is to be regarded as a legitimate interest within the meaning of the GDPR. The responsibility for data protection-compliant operation lies with the respective providers of these networks. We integrate these plugins using the so-called two-click method to best protect visitors to our website.

a) Facebook

Our website uses social media plugins from Facebook to make the use of our website more personal. For this purpose, we use the “LIKE” or “SHARE” buttons. These are services offered by Facebook.

When you access a page on our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted directly to your browser by Facebook and integrated into the website.

As a result of the integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not logged into Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there.

If you are logged into Facebook, Facebook can directly associate your visit to our website with your Facebook account. If you interact with the plugins, such as by clicking the “LIKE” or “SHARE” button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and may be visible to everyone.

Facebook may use this information for advertising, market research, and needs-based design of Facebook pages. For this purpose, Facebook creates usage, interest, and relationship profiles, e.g., to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website, and to provide other services associated with the use of Facebook.

If you do not want Facebook to associate the data collected through our website with your Facebook account, you must log out of Facebook before visiting our website.

For more information on the purpose and scope of data collection and further processing and use of the data by Facebook, as well as your rights and privacy settings, please refer to Facebook's privacy policy, which can be found at: https://www.facebook.com/about/privacy/

b) Twitter

Our website integrates plugins from the short message network of Twitter Inc. (Twitter). You can recognize the Twitter plugins (tweet button) by the Twitter logo on our site. An overview of tweet buttons can be found here: https://dev.twitter.com/web/tweet-button

When you access a page on our website that contains such a plugin, a direct connection is established between your browser and the Twitter server. Twitter is thus informed that you have visited our site with your IP address. If you click on the Twitter “tweet” button while logged into your Twitter account, you can link the content of our pages to your Twitter profile. This allows Twitter to associate your visit to our pages with your user account. Please note that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Twitter.

If you do not want Twitter to associate your visit to our pages, please log out of your Twitter account.

Further information can be found in Twitter's privacy policy at: https://twitter.com/en/privacy

c) Google “+1” Button

Our website uses the “+1” button of the Google social network operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA. The button is identifiable by the “+1” symbol.

The “+1” button is shorthand for “this is pretty cool” or “check this out.” The button is not used to track your visits on the web.

If a page on our website contains the “+1” button, your browser will load and display the button from Google's servers. The website you visit on our site is automatically communicated to the Google server. When a +1 button is displayed, Google does not permanently log your browser history but only stores your visit data for up to two weeks for system maintenance and troubleshooting purposes. These data are not structured by individual profiles, usernames, or URLs. This information is also not accessible to website publishers or advertisers. The use of this information is solely for the maintenance and troubleshooting of internal systems at Google.

A further analysis of your visit to a website of our website that contains a “+1” button does not take place.

The act of giving a +1 is a public process, meaning that anyone who performs a Google search or views content on the web where you gave a +1 may potentially see that you recommended the content. Therefore, only click +1 if you are sure you want to share this recommendation with the world.

Clicking the +1 button serves as a recommendation for other users in Google’s search results. You publicly declare that you like our website, that our website meets your approval, or that you recommend our website. If you have registered for Google+ and are logged in, the +1 button will turn blue when clicked. In addition, the +1 will be added to the +1 tab in your Google profile. On this tab, you can manage your +1s and decide whether to make the +1 tab public.

To save and make your +1 recommendation public, Google collects information via your profile about the URL you recommended, your IP address, and other browser-related information. If you withdraw your +1, this information will be deleted. All your +1 recommendations are listed on the +1 tab of your profile.

Further information and the applicable privacy policies of Google can be found at: https://www.google.com/intl/en/policies/privacy/. Further information from Google about the +1 button can be found at: https://developers.google.com/+/web/buttons-policy

You have the right to:

• pursuant to Art. 15 GDPR, request information about your personal data processed by us. In particular, you may request information about 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 storage period, the existence of a right to rectification, erasure, restriction of processing, or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected from you, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
• pursuant to Art. 16 GDPR, request without undue delay the rectification of inaccurate or the completion of your personal data stored by us;
• pursuant to Art. 17 GDPR, request the erasure of your personal data stored by us, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims;
• pursuant to Art. 18 GDPR, request the restriction of the processing of your personal data where the accuracy of the data is contested by you, the processing is unlawful, but you oppose the erasure of the data and we no longer need the data, but you require it for the establishment, exercise, or defense of legal claims, or you have objected to processing pursuant to Art. 21 GDPR;
• pursuant to Art. 20 GDPR, receive your personal data, which you have provided to us, in a structured, commonly used, and machine-readable format, or request the transmission of those data to another controller;
• pursuant to Art. 7 (3) GDPR, withdraw your consent at any time. As a result, we will no longer be allowed to continue the data processing that was based on this consent for the future; and
• pursuant to Art. 77 GDPR, lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work, or of our company headquarters.

If your personal data is 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, provided that there are reasons for this arising from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right to object, which will be implemented by us without specifying a particular situation.

If you would like to exercise your right of cancellation or objection, simply send an email to: service@modalo.com

We use the widespread SSL (Secure Socket Layer) method in conjunction with the highest level of encryption supported by your browser when you visit our website. As a rule, this is 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can recognise whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the lower status bar of your browser.

We also use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

This privacy policy is currently valid and was last updated in May 2018.