Privacy Policy

1)Introduction and Contact Information of the Controller

1.1 We are pleased that you are visiting our website and thank you for your interest. Below, we inform you about the handling of your personal data when using our website. Personal data includes all data that can be used to identify you personally.

1.2 The controller for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is PowerPac Baumaschinen GmbH, Niederhöchstädterstr. 71-73, 61476 Kronberg, Germany, Tel.: +49 6173 68558, Fax: +49 6173 68558, Email: info@powerpac.de. The controller for the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

2)Data Collection When Visiting Our Website

2.1 When using our website for informational purposes only, i.e., if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

Our visited website

Date and time of access

Amount of data sent in bytes

Source/reference from which you accessed the site

Browser used

Operating system used

IP address used (if applicable: in anonymized form)

The processing is carried out in accordance with Art. 6 (1) lit. f GDPR based on our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.

2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g., orders or inquiries to the controller), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the string “https://” and the lock symbol in your browser line.

3)Cookies

To make visiting our website attractive and to enable the use of certain functions, we use cookies, which are small text files stored on your end device. Some of these cookies are deleted automatically after closing the browser (so-called “session cookies”), while others remain on your end device for a longer period and enable us to recognize your browser upon your next visit (so-called “persistent cookies”). You can find the storage duration of persistent cookies in the overview of the cookie settings in your web browser.

If individual cookies we use also process personal data, the processing is carried out in accordance with Art. 6 (1) lit. b GDPR either for the performance of the contract, in accordance with Art. 6 (1) lit. a GDPR in the case of given consent, or in accordance with Art. 6 (1) lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the site visit.

You can set your browser to inform you about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general.

Please note that if cookies are not accepted, the functionality of our website may be restricted.

4)Contact

4.1 Own Review Reminder

Based solely on your explicit consent in accordance with Art. 6 (1) lit. a GDPR, we use your email address to remind you once to submit a review of your order. You can revoke your consent at any time by notifying the controller.

4.2 WhatsApp Business

We offer visitors to our website the opportunity to contact us via the WhatsApp messaging service of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For this purpose, we use the so-called “Business Version” of WhatsApp.

If you contact us via WhatsApp for a specific business transaction (e.g., a placed order), we store and use the mobile phone number you use on WhatsApp as well as – if provided – your first and last name in accordance with Art. 6 (1) lit. b GDPR to process and respond to your request. Based on the same legal basis, we may ask you via WhatsApp to provide additional data (order number, customer number, address, or email address) to associate your inquiry with a specific transaction.

If you use our WhatsApp contact for general inquiries (e.g., regarding our services, availability, or our website), we store and use the mobile phone number you use on WhatsApp as well as – if provided – your first and last name in accordance with Art. 6 (1) lit. f GDPR based on our legitimate interest in providing the requested information efficiently and promptly.

Your data will only be used to respond to your inquiry via WhatsApp. Data will not be passed on to third parties.

Please note that WhatsApp Business obtains access to the address book of the mobile device we use for this purpose and automatically transfers phone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA. For our WhatsApp Business account, we use a mobile device in whose address book only the WhatsApp contact data of users who have also contacted us via WhatsApp are stored.

This ensures that every person whose WhatsApp contact data is stored in our address book has already consented to the transfer of their WhatsApp phone number from the address books of their chat contacts in accordance with Art. 6 (1) lit. a GDPR by accepting the WhatsApp terms of use when first using the app on their device. Data transfer of users who do not use WhatsApp and/or have not contacted us via WhatsApp is excluded.

For the purpose and scope of data collection and further processing and use of the data by WhatsApp, as well as your rights and settings options for protecting your privacy, please refer to WhatsApp's privacy policy: https://www.whatsapp.com/legal/?eea=1#privacy-policy

In the context of the above-mentioned processing, data may be transferred to servers of Meta Platforms Inc. in the USA.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level based on an adequacy decision by the European Commission.

4.3 When contacting us (e.g., via contact form or email), personal data is processed solely for the purpose of handling and responding to your request and only to the extent necessary for this purpose.

The legal basis for processing these data is our legitimate interest in responding to your request in accordance with Art. 6 (1) lit. f GDPR. If your contact aims at the conclusion of a contract, an additional legal basis for processing is Art. 6 (1) lit. b GDPR. Your data will be deleted if it can be inferred from the circumstances that the relevant matter has been conclusively resolved and provided that there are no statutory retention obligations to the contrary.

5) Comment Function

When using the comment function on this website, in addition to your comment, information on the time the comment was created and the name you selected will be stored and published on this website. Furthermore, your IP address will be logged and stored. This storage of the IP address is for security reasons and in case the person affected violates the rights of third parties or posts illegal content through a comment. We need your email address to contact you in case a third party complains that your published content is unlawful.

The legal bases for storing your data are Art. 6 (1) lit. b and f GDPR. We reserve the right to delete comments if they are reported as unlawful by third parties.

The follow-up comments can be subscribed to by you as a user. You will receive a confirmation email to ensure that you are the owner of the specified email address (double opt-in procedure). The legal basis for data processing in the case of subscribing to comments is Art. 6 (1) lit. a GDPR. You can unsubscribe from ongoing comment subscriptions at any time with effect for the future. For more information on how to unsubscribe, please refer to the confirmation email.

6) Data Processing When Opening a Customer Account

In accordance with Art. 6 (1) lit. b GDPR, personal data will continue to be collected and processed to the necessary extent if you provide us with this data when opening a customer account. Which data is required for opening an account can be found in the input mask of the respective form on our website.

You can delete your customer account at any time by sending a message to the above-mentioned address of the controller. After deleting your customer account, your data will be deleted provided that all contracts concluded through it have been fully processed, there are no legal retention periods to the contrary, and there is no legitimate interest on our part in continuing to store the data.

7) Use of Customer Data for Direct Advertising

Subscription to Our Email Newsletter

If you subscribe to our email newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your email address. The provision of further data is voluntary and is used to address you personally. For sending the newsletter, we use the so-called double opt-in procedure to ensure that you only receive newsletters after you have expressly confirmed your consent by clicking on a verification link sent to the provided email address.

By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Art. 6 (1) lit. a GDPR. In this context, we store your IP address entered by the Internet service provider (ISP) as well as the date and time of registration to trace any possible misuse of your email address at a later date. The data collected by us when you subscribe to the newsletter will be used exclusively for the intended purpose.

You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a corresponding message to the controller mentioned at the beginning. After you unsubscribe, your email address will be immediately deleted from our newsletter distribution list unless you have expressly consented to further use of your data or we reserve the right to use your data beyond this, which is legally permitted and about which we inform you in this statement.

8) Data Processing for Order Fulfillment

8.1 To the extent necessary for contract processing for delivery and payment purposes, the personal data collected by us will be transferred to the commissioned shipping company and the commissioned credit institution in accordance with Art. 6 (1) lit. b GDPR.

If we owe you updates for goods with digital elements or for digital products based on a corresponding contract, we process the contact data provided by you during the order (name, address, email address) to inform you personally about upcoming updates within the legally required timeframe using suitable communication channels (e.g., postal or email) in accordance with Art. 6 (1) lit. c GDPR. Your contact data will be strictly used for notifications about updates owed by us and processed by us only to the extent necessary for the respective information.

For the processing of your order, we also work with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.

8.2 Disclosure of Personal Data to Shipping Service Providers

- Deutsche Post

As a transport service provider, we use the following provider: Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany

We disclose your email address and/or telephone number pursuant to Art. 6 (1) lit. a GDPR to the provider before delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have expressly consented to this during the ordering process. Otherwise, for the purpose of delivery, we only disclose the recipient's name and delivery address pursuant to Art. 6 (1) lit. b GDPR. Disclosure is only made to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or delivery notification is not possible.

You can revoke your consent at any time with effect for the future vis-à-vis the responsible controller mentioned above or vis-à-vis the provider.

- DHL

As a transport service provider, we use the following provider: DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany

We disclose your email address and/or telephone number pursuant to Art. 6 (1) lit. a GDPR to the provider before delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have expressly consented to this during the ordering process. Otherwise, for the purpose of delivery, we only disclose the recipient's name and delivery address pursuant to Art. 6 (1) lit. b GDPR. Disclosure is only made to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or delivery notification is not possible.

You can revoke your consent at any time with effect for the future vis-à-vis the responsible controller mentioned above or vis-à-vis the provider.

- DHL Express

As a transport service provider, we use the following provider: DHL Express Germany GmbH, Heinrich-Brüning-Str. 5, 53113 Bonn, Germany

We disclose your email address and/or telephone number pursuant to Art. 6 (1) lit. a GDPR to the provider before delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have expressly consented to this during the ordering process. Otherwise, for the purpose of delivery, we only disclose the recipient's name and delivery address pursuant to Art. 6 (1) lit. b GDPR. Disclosure is only made to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or delivery notification is not possible.

You can revoke your consent at any time with effect for the future vis-à-vis the responsible controller mentioned above or vis-à-vis the provider.

- DHL Freight

As a transport service provider, we use the following provider: DHL Freight GmbH, Godesberger Allee 102-104, 53175 Bonn, Germany

We disclose your email address and/or telephone number pursuant to Art. 6 (1) lit. a GDPR to the provider before delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have expressly consented to this during the ordering process. Otherwise, for the purpose of delivery, we only disclose the recipient's name and delivery address pursuant to Art. 6 (1) lit. b GDPR. Disclosure is only made to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or delivery notification is not possible.

You can revoke your consent at any time with effect for the future vis-à-vis the responsible controller mentioned above or vis-à-vis the provider.

- DPD

As a transport service provider, we use the following provider: DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg, Germany

We disclose your email address and/or telephone number pursuant to Art. 6 (1) lit. a GDPR to the provider before delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have expressly consented to this during the ordering process. Otherwise, for the purpose of delivery, we only disclose the recipient's name and delivery address pursuant to Art. 6 (1) lit. b GDPR. Disclosure is only made to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or delivery notification is not possible.

You can revoke your consent at any time with effect for the future vis-à-vis the responsible controller mentioned above or vis-à-vis the provider.

- FedEx

As a transport service provider, we use the following provider: FedEx Express Germany GmbH, Langer Kornweg 34 k, 65451 Kelsterbach, Germany

We disclose your email address and/or telephone number pursuant to Art. 6 (1) lit. a GDPR to the provider before delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have expressly consented to this during the ordering process. Otherwise, for the purpose of delivery, we only disclose the recipient's name and delivery address pursuant to Art. 6 (1) lit. b GDPR. Disclosure is only made to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or delivery notification is not possible.

You can revoke your consent at any time with effect for the future vis-à-vis the responsible controller mentioned above or vis-à-vis the provider.

- GLS

As a transport service provider, we use the following provider: General Logistics Systems Germany GmbH & Co. OHG, GLS Germany-Straße 1 – 7, 36286 Neuenstein, Germany

We disclose your email address and/or telephone number pursuant to Art. 6 (1) lit. a GDPR to the provider before delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have expressly consented to this during the ordering process. Otherwise, for the purpose of delivery, we only disclose the recipient's name and delivery address pursuant to Art. 6 (1) lit. b GDPR. Disclosure is only made to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or delivery notification is not possible.

You can revoke your consent at any time with effect for the future vis-à-vis the responsible controller mentioned above or vis-à-vis the provider.

8.3 Use of Payment Service Providers (Payment Services)

- Amazon Pay

This website offers one or more online payment methods from the following provider: Amazon Payments Europe s.c.a., 38 avenue J.F. Kennedy, L-1855 Luxembourg

When selecting a payment method from the provider where you pay in advance (such as credit card payment), your payment data provided during the order process (including name, address, bank and payment card information, currency, and transaction number) will be transferred to them in accordance with Art. 6 (1) lit. b GDPR. Your data will only be disclosed for the purpose of payment processing with the provider and only to the extent necessary for this purpose.

- Klarna

This website offers one or more online payment methods from the following provider: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden

When selecting a payment method from the provider where you pay in advance (such as credit card payment), your payment data provided during the order process (including name, address, bank and payment card information, currency, and transaction number) will be transferred to them in accordance with Art. 6 (1) lit. b GDPR. Your data will only be disclosed for the purpose of payment processing with the provider and only to the extent necessary for this purpose.

When selecting a payment method where the provider pays in advance (such as invoice or installment purchase or direct debit), you will also be asked to provide certain personal data (first and last name, street, house number, postal code, city, date of birth, email address, telephone number, and possibly data on an alternative payment method) during the ordering process.

To safeguard our legitimate interest in determining the solvency of our customers, this data will be transferred to the provider for the purpose of a credit check in accordance with Art. 6 (1) lit. f GDPR. Based on the personal data provided by you as well as other data (such as shopping cart, invoice amount, order history, payment experience), the provider will assess whether the selected payment option can be granted with regard to payment and/or default risks.

In making the decision as part of the application review, identity and credit information from the following credit

9) Web Analytics Services

Google Analytics 4

This website utilizes Google Analytics 4, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), which enables us to analyze your usage of our website.

By default, Google Analytics 4 does not use cookies when you visit the website, unless you explicitly consent to cookies. Instead, information about your usage behavior is collected and processed through so-called pings (small data packets sent to the host of a device). This information includes your IP address, which is truncated by Google to exclude direct personal identification.

The information is transmitted to and processed on Google's servers, including potential transfers to Google LLC servers in the United States.

Google utilizes the collected information on our behalf to analyze your website usage, compile reports on website activities for us, and provide other services related to website usage and internet usage. The IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data. The data collected during the use of Google Analytics 4 is stored for a period of two months and then deleted.

All described processing activities, including data transmission via pings and the potential use of Google Analytics cookies, occur only if you have provided us with your explicit consent pursuant to Art. 6(1)(a) GDPR.

Google Analytics 4 will not be used during your visit to our site without your consent. You can revoke your consent at any time with future effect. To exercise your right of revocation, please disable this service via the "cookie consent tool" provided on the website.

We have entered into a data processing agreement with Google to ensure the protection of our site visitors' data and to prevent unauthorized disclosure to third parties.

Further legal notices regarding Google Analytics 4 can be found at https://policies.google.com/privacy?hl=de&gl=de and https://policies.google.com/technologies/partner-sites.

Demographic Features

Google Analytics 4 utilizes the special feature "demographic characteristics" to create statistics that provide insights into the age, gender, and interests of site visitors. This is achieved through the analysis of advertising and information from third parties. This enables the identification of target audiences for marketing activities. The collected data cannot be attributed to any specific individual and is deleted after being stored for a period of two months.

Google Signals

As an extension to Google Analytics 4, this website may use Google Signals to create cross-device reports. If you have enabled personalized ads and linked your devices to your Google account, Google may, subject to your consent for the use of Google Analytics under Art. 6(1)(a) GDPR, analyze your usage behavior across devices and create database models, including cross-device conversions. We receive only statistics from Google and not personal data. If you wish to stop cross-device analysis, you can disable the "Personalized Advertising" feature in your Google account settings. Follow the instructions on this page: https://support.google.com/ads/answer/2662922?hl=de. More information about Google Signals can be found here: https://support.google.com/analytics/answer/7532985?hl=de.

UserIDs

As an extension to Google Analytics 4, the "UserIDs" function may be used on this website. If you have consented to the use of Google Analytics 4 under Art. 6(1)(a) GDPR, have set up an account on this website, and log in on different devices with this account, your activities, including conversions, may be analyzed across devices.

For data transfers to the United States, the provider has adhered to the EU-US Privacy Shield framework, which ensures compliance with the European level of data protection based on an adequacy decision of the European Commission.

10) Site Functionalities

10.1 YouTube

This website uses plugins to display and play videos from the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland.

Data may also be transmitted to: Google LLC., USA.

When you visit a page of our website that contains such a plugin, your browser establishes a direct connection to the provider's servers to load the plugin. During this process, certain information, including your IP address, is transmitted to the provider.

If playback of embedded videos via the plugin is started, the provider also sets cookies to collect information about user behavior, create playback statistics, and prevent abusive behavior.

If you are logged into a user account with the provider during your visit to our site, your data will be directly associated with your account when you click on a video. If you do not wish this association with your account, you must log out before activating the playback button.

All aforementioned processing activities, especially the setting of cookies for reading information on the device used, occur only if you have given us your explicit consent pursuant to Art. 6(1)(a) GDPR. You can revoke your consent at any time with future effect by disabling this service via the "cookie consent tool" provided on the website.

For data transfers to the United States, the provider has adhered to the EU-US Privacy Shield framework, which ensures compliance with the European level of data protection based on an adequacy decision of the European Commission.

10.2 Google Maps

This website uses an online mapping service provided by the following provider: Google Maps (API) from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google").

Google Maps is a web service for displaying interactive (land) maps to visually represent geographical information. Using this service shows our location and facilitates any directions.

Upon accessing subpages that include Google Maps' map, information about your use of our website (such as your IP address) is transmitted to Google's servers and stored there, which may also involve transmission to Google LLC servers in the United States. This occurs regardless of whether Google provides a user account through which you are logged in or if a user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish this association with your Google profile, you must log out before activating the button. Google stores your data (even for users who are not logged in) as user profiles and analyzes them.

The collection, storage, and evaluation are carried out pursuant to Art. 6(1)(f) GDPR based on Google's legitimate interest in displaying personalized advertising, conducting market research, and/or designing Google websites according to users' needs. You have the right to object to the creation of these user profiles, and to exercise this right, you must contact Google. If you do not agree with the future transmission of your data to Google in connection with the use of Google Maps, you also have the option to completely disable the Google Maps web service by disabling JavaScript in your browser. Google Maps and thus the map display on this website cannot be used in that case.

As legally required, we have obtained your consent pursuant to Art. 6(1)(a) GDPR for the aforementioned processing of your data. You can revoke your consent at any time with future effect. To exercise your revocation, please follow the above-described method to object.

For data transfers to the United States, the provider has adhered to the EU-US Privacy Shield framework, which ensures compliance with the European level of data protection based on an adequacy decision of the European Commission.

11) Rights of the Data Subject

11.1 The applicable data protection law grants you the following rights with respect to the processing of your personal data by the controller (rights to information and intervention), with reference to the legal basis specified for the respective conditions for exercise:

Right to information pursuant to Art. 15 GDPR;

Right to rectification pursuant to Art. 16 GDPR;

Right to erasure ("right to be forgotten") pursuant to Art. 17 GDPR;

Right to restriction of processing pursuant to Art. 18 GDPR;

Right to notification pursuant to Art. 19 GDPR;

Right to data portability pursuant to Art. 20 GDPR;

Right to withdraw consent granted pursuant to Art. 7(3) GDPR;

Right to lodge a complaint pursuant to Art. 77 GDPR.

11.2 Right to Object

If we process your personal data within the framework of a legitimate interest, you have the right to object at any time, for reasons arising from your particular situation, to this processing with effect for the future.

If you exercise your right to object, we will cease processing the data concerned. However, further processing is reserved if we can demonstrate compelling legitimate grounds for the processing that override your interests, fundamental rights, and freedoms, or if the processing serves the assertion, exercise, or defense of legal claims.

If your personal data is processed by us for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising. You can exercise the objection as described above.

If you exercise your right to object, we will cease processing the data concerned for direct marketing purposes.

12) Duration of Storage of Personal Data

The duration of the storage of personal data is based on the respective legal basis, the purpose of processing, and, if applicable, additionally on the respective statutory retention periods (e.g., commercial and tax retention periods).

For processing of personal data based on explicit consent pursuant to Art. 6(1)(a) GDPR, the data concerned will be stored until you revoke your consent.

If there are statutory retention periods for data processed in the context of contractual or quasi-contractual obligations based on Art. 6(1)(b) GDPR, these data will be routinely deleted after expiration of the retention periods, provided they are no longer required for contract performance or initiation and/or we no longer have a legitimate interest in continued storage.

For processing of personal data based on Art. 6(1)(f) GDPR, these data will be stored until you exercise your right to object under Art. 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the assertion, exercise, or defense of legal claims.

For processing of personal data for the purpose of direct marketing based on Art. 6(1)(f) GDPR, these data will be stored until you exercise your right to object under Art. 21(2) GDPR.

Unless otherwise indicated in the specific processing situations described in this statement, stored personal data will otherwise be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

Copyright Notice: This privacy policy was created by the specialized lawyers of the IT Law Firm and is protected by copyright (https://www.it-recht-kanzlei.de).

As of: December 28, 2023, 19:14:54 UTC