1) Introduction and contact details 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 how your personal data is handled when you use our website. Personal data in this context is any data that can be used to personally identify you.
1.2 The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Stay Your Way GmbH, Scheppener Weg 40, 45239 Essen, Germany, Tel.: +49 201-31074926, E-mail: info@stay-your-way.com. The controller responsible 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 you use our website for informational purposes only, i.e. if you do not register or otherwise transmit information to us, we collect only the data that your browser transmits to the page server (so-called “server log files”). When you access 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 at the time of access
- Amount of data sent in bytes
- Source/referrer from which you reached the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Processing is carried out pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to subsequently review the server log files if there are specific indications of unlawful 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’s address bar.
3) Hosting & Content Delivery Network
3.1 For hosting our website and displaying the page content, we use a provider that provides its services itself or through selected subcontractors exclusively on servers within the European Union.
All data collected on our website is processed on these servers.
We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.
3.2 Cloudflare
We use a content delivery network from the following provider: Cloudflare Inc., 101 Townsend St. San Francisco, CA 94107, USA
This service enables us to deliver large media files such as graphics, page content or scripts more quickly via a network of regionally distributed servers. Processing is carried out to safeguard our legitimate interest in improving the stability and functionality of our website pursuant to Art. 6(1)(f) GDPR. We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.
For data transfers to the USA, the provider has joined the EU-U.S. Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
4) Cookies
To make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your end device. Some of these cookies are automatically deleted after you close your browser (so-called “session cookies”), while others remain on your end device for a longer period and make it possible to save page settings (so-called “persistent cookies”). In the latter case, you can find the storage duration in the overview of cookie settings in your web browser.
If personal data is also processed by individual cookies we use, processing is carried out pursuant to Art. 6(1)(b) GDPR either for the performance of the contract, pursuant to Art. 6(1)(a) GDPR in the event that consent has been given, or pursuant to Art. 6(1)(f) GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the website visit.
You can set your browser so that you are informed about the setting of cookies and can decide individually on their acceptance or exclude the acceptance of cookies for certain cases or in general.
Please note that if you do not accept cookies, the functionality of our website may be limited.
5) Contact
5.1 WhatsApp Business
You have the possibility to contact us via the WhatsApp messaging service provided by 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 in connection with a specific business transaction (for example, an order you have placed), we store and use the mobile phone number you use with WhatsApp as well as – if provided – your first and last name pursuant to Art. 6(1)(b) GDPR to process and respond to your request. On the same legal basis, we may ask you via WhatsApp to provide further data (order number, customer number, address or e-mail address) in order to be able to assign your inquiry to a specific case.
If you use our WhatsApp contact for general inquiries (e.g. about our range of services, availability or our website), we store and use the mobile phone number you use with WhatsApp as well as – if provided – your first and last name pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in efficiently and promptly providing the requested information.
Your data is always used only to respond to your request via WhatsApp. It is not passed on to third parties.
Please note that WhatsApp Business accesses the address book of the mobile end device used by us for this purpose and automatically transmits telephone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA. To operate our WhatsApp Business account, we use a mobile end device whose address book contains only the WhatsApp contact data of those users who have also contacted us via WhatsApp.
This ensures that every person whose WhatsApp contact data is stored in our address book has already consented, when using the app on their device for the first time, by accepting the WhatsApp terms of use, to the transmission of their WhatsApp telephone number from the address books of their chat contacts pursuant to Art. 6(1)(a) GDPR. The transmission of data of users who do not use WhatsApp and/or have not contacted us via WhatsApp is excluded in this respect.
For the purpose and scope of data collection and the further processing and use of the data by WhatsApp as well as your rights and setting options to protect your privacy, please refer to WhatsApp’s privacy information: https://www.whatsapp.com
We have concluded a data processing agreement with the provider that protects the data of our website visitors and prohibits disclosure to third parties.
In the course of the processing mentioned above, 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-U.S. Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
5.2 When contacting us (e.g. via contact form or e-mail), personal data is processed – exclusively for the purpose of processing and responding to your request and only to the extent necessary for this purpose.
The legal basis for processing this data is our legitimate interest in responding to your request pursuant to Art. 6(1)(f) GDPR. If your contact is aimed at concluding a contract, an additional legal basis for processing is Art. 6(1)(b) GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
6) Data processing for contract handling
6.1 To process the contract, we work with the service provider(s) listed below who support us in whole or in part in the performance of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
6.2 Use of payment service providers (payment services)
- bancontact
On this website, one or more online payment methods of the following provider are available: Bancontact Payconiq Company, Rue d'Arlon 82, 1040 Brussels, Belgium
If you select a payment method of the provider in which you make advance payment (e.g. credit card payment), your payment data communicated as part of the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on pursuant to Art. 6(1)(b) GDPR. In this case, your data is passed on exclusively for the purpose of payment processing with the provider and only to the extent necessary for this purpose.
- Klarna
On this website, one or more online payment methods of the following provider are available: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden
If you select a payment method of the provider in which you make advance payment (e.g. credit card payment), your payment data communicated as part of the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on pursuant to Art. 6(1)(b) GDPR. In this case, your data is passed on exclusively for the purpose of payment processing with the provider and only to the extent necessary for this purpose.
If you select a payment method in which the provider makes advance payment (e.g. purchase on account or installment purchase or direct debit), you will also be asked during the ordering process to provide certain personal data (first and last name, street, house number, postal code, city, date of birth, e-mail address, telephone number, if applicable data on an alternative payment method).
In order to safeguard our legitimate interest in determining the creditworthiness of our customers, this data is forwarded by us pursuant to Art. 6(1)(f) GDPR to the provider for the purpose of a credit check. The provider checks, on the basis of the personal data provided by you as well as other data (such as shopping cart, invoice amount, order history, payment experience), whether the payment option you have selected can be granted with regard to payment and/or default risks.
For the decision within the scope of the application review, in addition to provider-internal criteria pursuant to Art. 6(1)(f) GDPR, identity and credit information from the following credit agencies may also be included:
https://cdn.klarna.com
The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, among other things, but not exclusively, address data.
You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may remain entitled to process your personal data if this is necessary for contractually compliant payment processing.
- Paypal
On this website, one or more online payment methods of the following provider are available: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
If you select a payment method of the provider in which you make advance payment, your payment data communicated as part of the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on pursuant to Art. 6(1)(b) GDPR. In this case, your data is passed on exclusively for the purpose of payment processing with the provider and only to the extent necessary for this purpose.
If you select a payment method in which we make advance payment, you will also be asked during the ordering process to provide certain personal data (first and last name, street, house number, postal code, city, date of birth, e-mail address, telephone number, if applicable data on an alternative payment method).
In such cases, in order to safeguard our legitimate interest in determining your creditworthiness, this data is forwarded by us pursuant to Art. 6(1)(f) GDPR to the provider for the purpose of a credit check. The provider checks, on the basis of the personal data provided by you as well as other data (such as shopping cart, invoice amount, order history, payment experience), whether the payment option you have selected can be granted with regard to payment and/or default risks.
The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, among other things, but not exclusively, address data.
You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may remain entitled to process your personal data if this is necessary for contractually compliant payment processing.
- Sofortüberweisung
On this website, one or more online payment methods of the following provider are available: Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden
If you select a payment method of the provider in which you make advance payment (e.g. credit card payment), your payment data communicated as part of the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on pursuant to Art. 6(1)(b) GDPR. In this case, your data is passed on exclusively for the purpose of payment processing with the provider and only to the extent necessary for this purpose.
- Stripe
On this website, one or more online payment methods of the following provider are available: Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland
If you select a payment method of the provider in which you make advance payment (e.g. credit card payment), your payment data communicated as part of the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on pursuant to Art. 6(1)(b) GDPR. In this case, your data is passed on exclusively for the purpose of payment processing with the provider and only to the extent necessary for this purpose.
If you select a payment method in which the provider makes advance payment (e.g. purchase on account or installment purchase or direct debit), you will also be asked during the ordering process to provide certain personal data (first and last name, street, house number, postal code, city, date of birth, e-mail address, telephone number, if applicable data on an alternative payment method).
In order to safeguard our legitimate interest in determining the creditworthiness of our customers, this data is forwarded by us pursuant to Art. 6(1)(f) GDPR to the provider for the purpose of a credit check. The provider checks, on the basis of the personal data provided by you as well as other data (such as shopping cart, invoice amount, order history, payment experience), whether the payment option you have selected can be granted with regard to payment and/or default risks.
The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, among other things, but not exclusively, address data.
You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may remain entitled to process your personal data if this is necessary for contractually compliant payment processing.
7) Web analytics services
Google Analytics 4
This website uses Google Analytics 4, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), which enables an analysis of your use of our website.
By default, cookies are set by Google Analytics 4 when you visit the website; these are stored on your end device as small text modules and collect certain information. The scope of this information also includes your IP address, which, however, is shortened by Google by the last digits in order to exclude direct personal identification.
The information is transferred to Google servers and further processed there. This may also involve transfers to Google LLC based in the USA.
Google uses the information collected on our behalf to evaluate your use of the website, to compile reports on website activity for us and to provide other services related to website use and internet use. The shortened IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data. The data collected within the scope of Google Analytics 4 is stored for a period of two months and then deleted.
All processing described above, in particular the setting of cookies on the end device used, is carried out only if you have given us your express consent pursuant to Art. 6(1)(a) GDPR.
Without your consent, Google Analytics 4 will not be used during your visit to our website. You can revoke your consent at any time with effect for the future. To exercise your right of revocation, please deactivate this service via the “cookie consent tool” provided on the website.
We have concluded a data processing agreement with Google, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.
Further legal information on Google Analytics 4 can be found at https://business.safety.google
Demographic characteristics
Google Analytics 4 uses the special “demographic characteristics” function and can use it to create statistics that make statements about the age, gender and interests of website visitors. This is done by analyzing advertising and information from third-party providers. This makes it possible to identify target groups for marketing activities. However, the collected data cannot be assigned to a specific person and is deleted after being stored for a period of two months.
Google Signals
As an extension of Google Analytics 4, Google Signals can be used on this website to create cross-device reports. If you have activated personalized ads and linked your devices to your Google account, Google can, subject to your consent to the use of Google Analytics pursuant to Art. 6(1)(a) GDPR, analyze your usage behavior across devices and create database models, including cross-device conversions. We do not receive personal data from Google, only statistics. If you want to stop cross-device analysis, you can deactivate the “Personalized advertising” function in your Google account settings. Follow the instructions on this page: https://support.google.com
Further information on Google Signals can be found at the following link: https://support.google.com
UserIDs
As an extension of Google Analytics 4, the “UserIDs” function can be used on this website. If you have consented to the use of Google Analytics 4 pursuant to Art. 6(1)(a) GDPR, created an account on this website and log in to this account on different devices, your activities, including conversions, can be analyzed across devices.
For data transfers to the USA, the provider has joined the EU-U.S. Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
8) Site functionalities
Google reCAPTCHA
On this website we use the CAPTCHA service of the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
Data may also be transferred to: Google LLC, USA.
For the visual design of the CAPTCHA window, “Google Fonts”, i.e. fonts loaded by Google from the internet, are used. No processing of information beyond that mentioned above, which is already transmitted to Google via the functionality of reCAPTCHA, takes place.
The service checks whether an entry is made by a natural person or abusively by machine and automated processing, and blocks spam, DDoS attacks and similar automated malicious access. To ensure that an action is carried out by a human and not by an automated bot, the provider collects the IP address of the end device used, identification data of the browser and operating system type used, as well as the date and duration of the visit, and transmits this to the provider’s servers for evaluation. Cookies may be used in this context, i.e. small text files that are stored in the browser of the end device.
If the processing described above is carried out on the basis of cookies, these will only be set if you have given us your express consent pursuant to Art. 6(1)(a) GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the “cookie consent tool” provided on the website.
If the processing described above is carried out without the use of cookies, the legal basis is our legitimate interest in determining individual personal responsibility on the internet and preventing misuse and spam pursuant to Art. 6(1)(f) GDPR.
We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.
For data transfers to the USA, the provider has joined the EU-U.S. Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
Further information on Google’s privacy policy can be found here: https://business.safety.google
9) Tools and other
Cookie consent tool
This website uses a so-called “cookie consent tool” to obtain effective user consents for cookies requiring consent and cookie-based applications. The “cookie consent tool” is displayed to users when they access the website in the form of an interactive user interface, on which consents for certain cookies and/or cookie-based applications can be granted by ticking a box. By using the tool, all cookies/services requiring consent are only loaded if the respective user gives corresponding consent by ticking a box. This ensures that such cookies are only set on the user’s end device if consent has been granted.
The tool sets technically necessary cookies in order to store your cookie preferences. Personal usage data is generally not processed in this context.
If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.
Another legal basis for processing is Art. 6(1)(c) GDPR. As the controller, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the user’s consent.
If necessary, we have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.
Further information about the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.
10) Rights of the data subject
10.1 Applicable data protection law grants you the following rights of the data subject (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective requirements for exercising these rights:
- Right of access pursuant to Art. 15 GDPR;
- Right to rectification pursuant to Art. 16 GDPR;
- Right to erasure pursuant to Art. 17 GDPR;
- Right to restriction of processing pursuant to Art. 18 GDPR;
- Right to be informed pursuant to Art. 19 GDPR;
- Right to data portability pursuant to Art. 20 GDPR;
- Right to withdraw consents given pursuant to Art. 7(3) GDPR;
- Right to lodge a complaint pursuant to Art. 77 GDPR.
10.2 RIGHT TO OBJECT
IF, WITHIN THE SCOPE OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT, AT ANY TIME, FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
11) Duration of storage of personal data
The duration of storage of personal data is determined by the respective legal basis, the purpose of processing and – if applicable – additionally by the respective statutory retention period (e.g. retention periods under commercial and tax law).
If personal data is processed on the basis of express consent pursuant to Art. 6(1)(a) GDPR, the data concerned is stored until you revoke your consent.
If statutory retention periods exist for data that is processed in the context of legal transactions or obligations similar to legal transactions on the basis of Art. 6(1)(b) GDPR, this data is routinely deleted after expiry of the retention periods, provided it is no longer necessary for contract performance or contract initiation and/or we no longer have a legitimate interest in further storage.
If personal data is processed on the basis of Art. 6(1)(f) GDPR, this data is stored until you exercise your right to object pursuant to Art. 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for processing that override your interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.
If personal data is processed for the purpose of direct marketing on the basis of Art. 6(1)(f) GDPR, this data is stored until you exercise your right to object pursuant to Art. 21(2) GDPR.
Unless otherwise stated in the other information in this notice on specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.