1. Name and contact details of the controller and the company data protection officer.

ORCAYA GmbH
Hermannstr. 5A
70178 Stuttgart
Baden-Württemberg
Germany

Telefon: +49 (0)711 826526
E-Mail: info@orcaya.com

Unser betrieblicher Datenschutzbeauftragter Herr Peter Rappold ist unter der o.g. Anschrift bzw. unter datenschutz@orcaya.com erreichbar.

2. Collection and storage of personal data as well as type and purpose of their use

a) When visiting the website
When you visit our website, the browser used on your terminal device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automated deletion:

• name of the retrieved file
• date and time of the retrieval
• amount of data transferred
• message as to whether the retrieval was successful
• description of the type of web browser used
• operating system used
• the previously visited page
• provider
• your IP address

b) The aforementioned data are processed by us for the following purposes:

• ensuring a smooth connection setup of the website,
• ensuring a comfortable use of our website,
• evaluation of system security and stability as well as
• for other administrative purposes.

The legal basis for the data processing is Art. 6 para.1 lit.f DSGVO. Our legitimate interest follows from the purposes for data collection listed above. In no case do we use the collected data for the purpose of drawing conclusions about your person.
In addition, we use cookies and analysis and marketing services when you visit our website. You can find more detailed explanations of this under points 5 - 7 of this data protection declaration.

c) When using our contact form
For questions of any kind, we offer you the opportunity to contact us via a form provided on the website. In doing so, it is necessary to provide your name, a valid e-mail address and the specific inquiry, so that we know from whom the inquiry originates and in order to be able to answer it. Further information can be provided voluntarily.
The personal data collected by us for the use of the contact form will be automatically deleted after completion of your request, unless another legitimation basis (e.g. a specific order) justifies further processing.
Data processing for the purpose of contacting us is carried out in accordance with Art. 6 para.1 lit.b DSGVO on the basis of your specific request.

d) When using our newsletter
On our website, there is the possibility to subscribe to a free e-mail newsletter. When registering for the newsletter, the data from the input mask is transmitted to us.

• Name
• E-mail address

In addition, the following data is collected during registration:

• IP address of the calling computer
• Date and time of registration

For the processing of data, your consent is obtained during the registration process and reference is made to this privacy policy.
If you commission us to provide services and provide your e-mail address, this may subsequently be used by us to send a newsletter. In such a case, only direct advertising for our own similar goods or services will be sent via the newsletter.
No data will be passed on to third parties in connection with the processing of data for the dispatch of newsletters. The data is used exclusively for sending the newsletter.
The collection of the user's e-mail address is used to deliver the e-mail newsletter. The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Accordingly, the user's e-mail address is stored as long as the subscription to the newsletter is active.
The other personal data collected during the registration process is usually deleted after a period of seven days.
The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, a corresponding link can be found in each newsletter. This also enables revocation of consent to the storage of personal data collected during the registration process.
The legal basis for the processing of the data after registration to the newsletter by the user is in the presence of the user's consent (Art. 6 para.1 lit.a DSGVO). The legal basis for sending the newsletter as a result of the sale of goods or services is Art. 6 para. 1 lit. f in conjunction with § 7 para.3 UWG.

3. Transfer of data

We do not transfer your personal data to third parties for purposes other than those listed below.
We only pass on your personal data to third parties if: you have given your express consent to do so in accordance with Art.6 para.1 lit.a DSGVO, the transfer is necessary according to Art.6 Abs.1 lit.f DSGVO and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data, in the event that there is a legal obligation for the disclosure in accordance with Art. 6 Para.1 lit.c DSGVO, as well as this is legally permissible and necessary according to Art. 6 para.1 lit.b DSGVO for the processing of contractual relationships with you. 


4. Cookies
 
We use so-called cookies in some areas of our website. Through such file elements, your computer can be identified as a technical entity during your visit to this website in order to facilitate the use of our offer - also for repeat visits.
However, you usually have the option of setting your Internet browser to inform you of the occurrence of cookies, so that you can allow or exclude them, or delete existing cookies.
Please use the help function of your Internet browser to obtain information on how to change these settings. We would like to point out that individual functions of our website may not work if you have disabled the use of cookies.
Cookies do not allow a server to read private data from your computer or the data stored by another server. They do not harm your computer and do not contain viruses.
Unless specifically regulated below, we base the use of cookies on Art. 6 para.1 lit.f DSGVO. The processing is carried out to improve the functioning of our website. It is therefore necessary to protect our legitimate interests.

5. Use of Google Analytics

We use Google Analytics, a web analytics service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (see https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active ).
Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. However, due to the activation of IP anonymization on this website, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On our behalf, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link (http://tools.google.com/dlpage/gaoptout?hl=de) verfügbare Browser-Plugin herunterladen und installierst.

We point out that on this website Google Analytics has been extended by the code "gat._anonymizeIp();" to ensure anonymized collection of IP addresses (so-called IP masking).
You can also prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie will then be set, which prevents the further collection of your data when visiting this website. This procedure is particularly recommended when accessing our site via mobile devices.

Deactivate Google Analytics

You can find more information on terms of use and data protection at www.google.com/analytics/terms/de.html or at www.google.com/intl/de/analytics/privacyoverview.html.

We base the use of the aforementioned analysis tool on Art.6 para.1 lit.f DSGVO: the processing is carried out to analyze user behavior and is therefore necessary to protect our legitimate interests.

6. Use of Facebook Plugins

A Facebook "Share Button" from Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA ("Facebook") is integrated on this page. You can recognize this button on this page by the Facebook logo.
The Facebook "Share Button" is set up in accordance with data protection regulations. Only when you click on the Facebook "Share Button" on this page (and only then), a direct connection between your browser and the Facebook server is established. Facebook thereby receives the information that you have called up a corresponding page of the offer with your IP address. If you are not a member of Facebook, there is still the possibility that Facebook learns your IP address and stores it. If you click the Facebook "Share Button" while logged into your Facebook account, you can link the content of our pages on your Facebook profile. In this case, Facebook can assign the visit to your user account. If you are a Facebook member and do not want information about your visit to our website to be passed on to Facebook, you must log out of Facebook before visiting our website.
We would like to point out that we, as the provider of the site, have no knowledge of the content of the transmitted data or its use by Facebook. The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, can be found in the Facebook privacy policy at http://de-de.facebook.com/policy.php.

We base this use on Art. 6 para.1 lit.f DSGVO: the processing is carried out for the needs-based design of our website and is therefore necessary to protect our legitimate interests.

7. Use of Hotjar

We use the analysis software of Hotjar Ltd. (https://www.hotjar.com/, Level 2, St Julian’s Business Centre, 3, Elia Zammit Street, St Julian’s STJ 1000, Malta, Europe). With Hotjar it is possible to measure and evaluate the usage behavior (clicks, mouse movements, scroll heights, etc.) on our website. The information generated by the "tracking code" and "cookie" about your visit to our website is transmitted to the Hotjar servers in Ireland and stored there. If you continue to use this website, you consent to the aforementioned processing of the data there by Hotjar and its third-party providers under their privacy statements. The cookies that Hotjar uses have different "lifetimes"; some remain valid for up to 365 days, while some remain valid only during the current visit. You can prevent the collection of data by Hotjar by clicking on the following link and following the instructions there: Hotjar Opt-out.

8. Use of Leadfeeder

Simultaneously with the use of Google Analytics, this website uses the service Leadfeeder, which is operated by Liidio Oy, Mikonkatu 17, 0100 Helsinki, Finland. Leadfeeder accesses the list of website visitors' IP addresses provided by Google Analytics in the analysis and links the list of IP addresses to information about the companies that can be found on the Internet under these IP addresses. Due to the shortening of the IP addresses of the website visitors, which is already carried out when using Google Analytics, a direct personal reference is not established. A reference to a person may be presumed when reviewing the linked company information.

9. Use of Facebook-„Besucheraktions-Pixels“

With your consent, the "visitor action pixel" of Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA ("Facebook") is used within our website.
The "visitor action pixel" can be used to track users' actions as soon as they are redirected to a provider's website by clicking on a Facebook ad. This enables us to record the effectiveness of Facebook ads for statistical and market research purposes and to optimize our marketing measures accordingly. The collected data is anonymous for us, we can not see any personal data of individual users or draw conclusions about this.
Facebook stores and processes this data. Facebook can therefore assign this data to your Facebook account. You may enable Facebook and its partners to serve ads on and off Facebook. Furthermore, a cookie may be stored on your computer for these purposes. For more information on the collection and use of data by Facebook, as well as your rights and options in this regard to protect your privacy, please refer to Facebook's data policy: https://www.facebook.com/about/privacy/. Consent to the use of the Facebook visitor action pixel may only be declared by users older than 13 years of age. They can revoke the consent. We base this use on Art. 6 para.1 lit.a DSGVO.

Web tracking on this page is activated. Deactivate now.

10. Deletion of data

The data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the user data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for reasons of commercial or tax law.
In accordance with legal requirements, storage takes place for 6 years in accordance with § 257 para. 1 HGB (commercial books, commercial letters, etc.) and for 10 years in accordance with § 147 para. 1 AO (commercial and business letters, documents relevant for taxation, etc.).

11. Data subjects' rights

You are entitled to the following data subject rights:

a. Right to information
You have the right to request confirmation from us as to whether personal data relating to you is being processed.

b. Correction/deletion/restriction of processing
Furthermore, you have the right to demand from us that
Inaccurate personal data concerning you be corrected without delay (right to rectification);
personal data concerning you be deleted without delay (right to erasure); and
the processing be restricted (right to restriction of processing).

c. Right to data portability
You have the right to receive personal data relating to you that you have provided to us in a structured, commonly used and machine-readable format and to transfer this data to another controller.

d. Right of withdrawal
You have the right to revoke your consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

e. Right of objection
If the processing of personal data concerning you is necessary for the performance of a task carried out in the public interest (Art. 6(1)(e) DSGVO) or for the protection of our legitimate interests (Art. 6(1)(f) DSGVO), you have the right to object.

f. Right of appeal
If you believe that the processing of personal data concerning you violates the GDPR, you have the right to lodge a complaint with a supervisory authority, without prejudice to other legal remedies.
 
12. Change of the privacy policy

We reserve the right to adapt this data protection declaration in the event of any changes to the legal situation, the service as well as the data processing. However, this only applies with regard to declarations on data processing. Insofar as user consents are required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users. Users can regularly inform themselves about any changes in this data protection declaration.