Privacy Policy

1. Privacy at a Glance: General Information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data refers to any data that can be used to personally identify you. For detailed information on data protection, please refer to our Privacy Policy listed below this text.

Data Collection on This Website

Data processing on this website is carried out by the website operator. You can find the operator’s contact information in the “Information on the Data Controller” section of this Privacy Policy.

Your data is collected, in part, when you provide it to us. This may include, for example, data that you enter into a contact form.

Other data is collected by our IT systems automatically or with your consent when you visit the website. This primarily consists of technical data (e.g., internet browser, operating system, or the time the page was accessed). This data is collected automatically as soon as you access this website.

Some of the data is collected to ensure that the website functions properly. Other data may be used to analyze your user behavior. If contracts can be concluded or initiated through the website, the data provided will also be processed for contract offers, orders, or other order inquiries.

You have the right at any time to receive, free of charge, information about the source, recipients, and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you may revoke that consent at any time with future effect. In addition, you have the right, under certain circumstances, to request that the processing of your personal data be restricted. Furthermore, you have the right to file a complaint with the competent supervisory authority.

Please feel free to contact us at any time regarding this matter or any other questions you may have about data protection.

Analytics Tools and Third-Party Tools

When you visit this website, your browsing behavior may be analyzed for statistical purposes. This is primarily done using so-called analytics tools.

Detailed information about these analytics programs can be found in the following privacy policy.

2. Hosting

We host the content of our website with the following provider:

IONOS

The provider is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur (hereinafter “IONOS”). When you visit our website, IONOS collects various log files, including your IP addresses. For details, please refer to IONOS’s Privacy Policy: https://www.ionos.de/terms-gtc/terms-privacy.

The use of IONOS is based on Article 6(1)(f) of the GDPR. We have a legitimate interest in ensuring that our website is displayed as reliably as possible. If consent has been requested, processing is carried out exclusively on the basis of Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG, to the extent that the consent covers the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) as defined by the TDDDG. Consent may be revoked at any time.

Data Processing Agreement
We have entered into a Data Processing Agreement (DPA) for the use of the service mentioned above. This is a contract required under data protection law that ensures the service provider processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

3. General Information and Mandatory Data Protection Notices

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with applicable data protection laws and this Privacy Policy.

When you use this website, various types of personal data are collected. Personal data is information that can be used to identify you personally. This Privacy Policy explains what data we collect and how we use it. It also explains how and for what purpose this is done.

Please note that data transmission over the Internet (e.g., when communicating via email) may be subject to security vulnerabilities. It is not possible to completely protect data from access by third parties.

Note Regarding the Responsible Party

The entity responsible for data processing on this website is:
5th Element Consulting GmbH Düsselstr. 21
41564 Kaarst
Phone: +49 (0) 151 275 292 33
Email: kontakt@poloundgenuss.de

The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data (e.g., names, email addresses, etc.).

Retention period

Unless a more specific retention period is stated in this Privacy Policy, we will retain your personal data until the purpose for which it was collected no longer applies. If you submit a valid request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible grounds for storing your personal data (e.g., retention periods under tax or commercial law); in the latter case, the data will be deleted once these grounds no longer apply.

General Information on the Legal Basis for Data Processing on This Website

If you have consented to the processing of your data, we process your personal data on the basis of Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, provided that special categories of data as defined in Article 9(1) of the GDPR are being processed. In the event of explicit consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Article 49(1)(a) of the GDPR. If you have consented to the storage of cookies or to access to information on your device (e.g., via device fingerprinting), data processing is additionally based on Section 25(1) of the TDDDG. You may revoke your consent at any time. If your data is necessary for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Article 6(1)(b) of the GDPR. Furthermore, we process your data if it is necessary to comply with a legal obligation on the basis of Article 6(1)(c) of the GDPR. Data processing may also be carried out on the basis of our legitimate interest pursuant to Article 6(1)(f) of the GDPR. The applicable legal bases in each individual case are described in the following sections of this Privacy Policy.

Recipients of Personal Data

As part of our business operations, we collaborate with various external parties. In some cases, this requires the transfer of personal data to these external parties. We only disclose personal data to external parties if this is necessary for the performance of a contract, if we are legally obligated to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Article 6(1)(f) of the GDPR, or if another legal basis permits the disclosure of data. When using data processors, we only disclose our customers’ personal data on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Withdrawal of Your Consent to Data Processing

Many data processing operations are only possible with your explicit consent. You may withdraw any consent you have already given at any time. The lawfulness of the data processing carried out prior to the withdrawal remains unaffected by the withdrawal.

Right to object to data collection in specific cases and to direct marketing (Art. 21 GDPR)
IF DATA PROCESSING IS BASED ON ART. 6(1)( E OR F OF THE GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. YOU CAN FIND THE SPECIFIC LEGAL BASIS ON WHICH PROCESSING IS BASED IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA, UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR THE PROCESSING IS NECESSARY FOR THE ESTABLISHMENT, exercise, or defense of legal claims (objection pursuant to Art. 21(1) of the GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH MARKETING PURPOSES; THIS ALSO APPLIES TO PROFILING, TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT MARKETING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) OF THE GDPR).

Right to File a Complaint with the Competent Regulatory Authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work, or the location of the alleged violation. This right to lodge a complaint is without prejudice to any other administrative or judicial remedies.

Right to Data Portability

You have the right to have data that we process automatically—based on your consent or in fulfillment of a contract—provided to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another data controller, this will be done only to the extent that it is technically feasible.

Access, Correction, and Deletion

In accordance with applicable legal provisions, you have the right at any time to receive, free of charge, information about your stored personal data, its origin and recipients, and the purpose of the data processing, as well as the right to have this data corrected or deleted, if applicable. You may contact us at any time regarding this matter or any other questions you may have about personal data.

Right to Restriction of Processing

You have the right to request that the processing of your personal data be restricted. You may contact us at any time to exercise this right. The right to restriction of processing applies in the following cases:

  • If you dispute the accuracy of your personal data stored by us, we generally need some time to verify this. For the
  • While the review is ongoing, you have the right to request that the processing of your personal data be restricted.
  • If the processing of your personal data was or is unlawful, you may request that the processing be restricted instead of having the data erased.
  • If we no longer need your personal data, but you need it to exercise, defend, or assert legal claims, you have the right to request that the processing of your personal data be restricted instead of being erased.
  • If you have filed an objection under Article 21(1) of the GDPR, a balancing of your interests against ours must be conducted. Until it is determined whose interests prevail, you have the right to request that the processing of your personal data be restricted.

If you have restricted the processing of your personal data, such data—apart from its storage—may be processed only with your consent, or for the purpose of asserting, exercising, or defending legal claims, or to protect the rights of another natural or legal person, or for reasons of a substantial public interest of the European Union or a Member State.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential information—such as orders or inquiries you send to us as the site operator—this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the browser’s address bar changes from “http://” to “https://” and by the padlock icon in your browser’s address bar.

If SSL or TLS encryption is enabled, the data you send to us cannot be intercepted by third parties.

Objection to Promotional Emails

We hereby object to the use of contact information published in accordance with the legal requirement to provide an "Imprint" for the purpose of sending unsolicited advertising and informational materials. The operators of this website expressly reserve the right to take legal action in the event of the unsolicited transmission of promotional information, such as through spam emails.

4. Data Collection on This Website: Cookies

Our website uses so-called “cookies.” Cookies are small data packets that do not cause any damage to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (persistent cookies). Session cookies are automatically deleted at the end of your visit. Persistent cookies remain stored on your device until you delete them yourself or your web browser deletes them automatically.

Cookies may be set by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain third-party services into websites (e.g., cookies used to process payment services).

Cookies serve various purposes. Many cookies are technically necessary, as certain website features would not work without them (e.g., the shopping cart feature or the display of videos). Other cookies may be used to analyze user behavior or for advertising purposes.

Cookies that are required to carry out the electronic communication process, to provide certain functions you have requested (e.g., the shopping cart feature), or to optimize the website (e.g., cookies used to measure website traffic) (necessary cookies), are stored on the basis of Article 6(1)(f) of the GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies to ensure the technically error-free and optimized provision of its services. If consent to the storage of cookies and similar recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG); consent may be revoked at any time.

You can configure your browser to notify you when cookies are set, to allow cookies only on a case-by-case basis, to block cookies in specific cases or generally, and to enable the automatic deletion of cookies when you close your browser. Disabling cookies may limit the functionality of this website.

You can find out which cookies and services are used on this website in this Privacy Policy.

Server Log Files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These include:

  • Browser Type and Browser Version
  • Operating system used
  • Referrer URL
  • Hostname of the connecting computer
  • Time of the server request
  • IP address

This data is not combined with data from other sources.

This data is collected pursuant to Article 6(1)(f) of the GDPR. The website operator has a legitimate interest in ensuring that its website functions properly and is optimized—to this end, server log files must be collected.

Contact Form

If you submit inquiries to us via the contact form, we will store the information you provide in the inquiry form—including the contact information you provide there—for the purpose of processing your inquiry and in case we have follow-up questions. We will not share this information without your consent.

This data is processed on the basis of Article 6(1)(b) of the GDPR, provided that your inquiry relates to the performance of a contract or is necessary for the implementation of precontractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of inquiries directed to us (Article 6(1)(f) of the GDPR) or on your consent (Article 6(1)(a) of the GDPR), provided that consent was requested; consent may be withdrawn at any time.

The data you enter in the contact form will remain with us until you request that we delete it, revoke your consent to its storage, or the purpose for storing the data no longer applies (e.g., once your inquiry has been processed). Mandatory legal provisions—in particular retention periods—remain unaffected.

Inquiries by email, phone, or fax

If you contact us by email, phone, or fax, your inquiry—including all personal data contained therein (name, inquiry)—will be stored and processed by us for the purpose of handling your request. We will not disclose this data without your consent.
The processing of this data is based on Article 6(1)(b) of the GDPR, provided that your inquiry relates to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of inquiries directed to us (Article 6(1)(f) of the GDPR) or on your consent (Article 6(1)(a) of the GDPR) if such consent was requested; consent may be revoked at any time.

The data you send us via contact requests will remain with us until you request that we delete it, revoke your consent to its storage, or the purpose for storing the data no longer applies (e.g., after your request has been processed). Mandatory legal provisions—in particular statutory retention periods—remain unaffected.

5. Social Media: Instagram

This website incorporates features from Instagram. These features are provided by Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland.

When the social media feature is active, a direct connection is established between your device and the Instagram server. This allows Instagram to receive information about your visit to this website.

If you are logged into your Instagram account, you can link the content of this website to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to this website with your user account. Please note that, as the provider of these pages, we have no knowledge of the content of the data transmitted or how Instagram uses it.

Use of this service is based on your consent pursuant to Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG. You may withdraw your consent at any time.

To the extent that personal data is collected on our website using the tool described here and forwarded to Facebook or Instagram, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, are jointly responsible for this data processing (Art. 26 GDPR). This joint responsibility is limited exclusively to the collection of the data and its transfer to Facebook or Instagram. The processing carried out by Facebook or Instagram after the transfer is not part of the joint responsibility. The obligations we share have been set forth in a joint processing agreement. The text of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing privacy notices when using the Facebook or Instagram tools and for ensuring the tools are implemented on our website in compliance with data protection laws. Facebook is responsible for the data security of the Facebook or Instagram products. Data subject rights
(e.g., requests for information) regarding the data processed by Facebook or Instagram can be exercised directly with Facebook. If you exercise your data subject rights with us, we are obligated to forward them to Facebook.

Data transfers to the United States are based on the European Commission’s Standard Contractual Clauses.
You can find details here:
https://www.facebook.com/legal/EU_data_transfer_addendum,
https://privacycenter.instagram.com/policy/ and
https://de-de.facebook.com/help/566994660333381.

For more information on this, please see Instagram's Privacy Policy: https://privacycenter.instagram.com/policy/.

The company is certified under the “EU-U.S. Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the United States designed to ensure compliance with European data protection standards when data is processed in the United States. Every company certified under the DPF commits to complying with these data protection standards. For more information, please visit the provider’s website at the following link: https://www.dataprivacyframework.gov/participant/4452.

6. Analytics Tools and Advertising: IONOS WebAnalytics

This website uses the analytics services of IONOS WebAnalytics (hereinafter: IONOS). The provider is 1&1 IONOS SE, Elgendorfer Straße 57, D – 56410 Montabaur. As part of the analytics conducted with IONOS, the following data, among other things, may be analyzed: visitor numbers and behavior (e.g., number of page views, duration of a website visit, bounce rates), visitor sources (i.e., which site the visitor came from), visitor locations, and technical data (browser and operating system versions). For this purpose, IONOS stores the following data in particular:

  • Referrer (previously visited website)
  • Requested Web Page or File
  • Browser Type and Browser Version
  • Operating system used
  • Type of device used
  • Time of Access
  • IP address in anonymized form (used only to determine the location of access)

According to IONOS, data collection is completely anonymous, so that it cannot be traced back to individual persons. IONOS WebAnalytics does not store cookies.

The storage and analysis of the data are based on Article 6(1)(f) of the GDPR. The website operator has a legitimate interest in the statistical analysis of user behavior in order to optimize both its website and its advertising. If consent has been obtained, processing is carried out exclusively on the basis of Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG, provided that the consent covers the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) as defined by the TDDDG. Consent may be revoked at any time.

For more information on data collection and processing by IONOS WebAnalytics, please refer to the IONOS Privacy Policy at the following link: https://www.ionos.de/terms-gtc/datenschutzerklaerung/

WP Statistics

This website uses the WP Statistics analytics tool to analyze visitor traffic. The provider is Veronalabs, Tatari 64, 10134, Tallinn, Estonia (
https://veronalabs.com).

WP Statistics allows us to analyze the use of our website. WP Statistics collects, among other things, log files (IP address, referrer, browser used, user location, search engine used) and actions that website visitors have taken on the site (e.g., clicks and page views).
The data collected by WP Statistics is stored exclusively on our own server.

The use of this analytics tool is based on Article 6(1)(f) of the GDPR. We have a legitimate interest in the anonymized analysis of user behavior in order to optimize both our website and our advertising. If consent has been obtained, processing is carried out exclusively on the basis of Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG, provided that the consent covers the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) as defined by the TDDDG. Consent may be revoked at any time.

IP Anonymization

We use WP Statistics with anonymized IP addresses. Your IP address is truncated so that it can no longer be directly linked to you.

7. Plugins and Tools

YouTube with Enhanced Privacy

This website embeds videos from YouTube. The website is operated by Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

When you visit one of these websites that has YouTube embedded, a connection is established with YouTube’s servers. This informs the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you allow YouTube to associate your browsing activity directly with your personal profile. You can prevent this by logging out of your YouTube account.

We use YouTube in enhanced privacy mode. According to YouTube, videos played in enhanced privacy mode are not used to personalize the user’s YouTube experience. Ads displayed in enhanced privacy mode are also not personalized. No cookies are set in enhanced privacy mode. Instead, however, so-called local storage elements are stored in the user’s browser; these contain personal data similar to cookies and can be used for recognition purposes. Details about enhanced privacy mode can be found here: https://support.google.com/youtube/answer/171780.

In some cases, after a YouTube video is played, additional data processing operations may be triggered over which we have no control.
We use YouTube to ensure an engaging presentation of our online offerings. This constitutes a legitimate interest within the meaning of Article 6(1)(f) of the GDPR. If consent has been requested, processing is carried out exclusively on the basis of Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG, provided that the consent covers the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent may be revoked at any time.

For more information about data protection on YouTube, please see their Privacy Policy at: https://policies.google.com/privacy?hl=de.

The company is certified under the “EU-U.S. Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the United States designed to ensure compliance with European data protection standards when data is processed in the United States. Every company certified under the DPF commits to complying with these data protection standards. For more information, please visit the provider’s website at the following link: https://www.dataprivacyframework.gov/participant/5780.

Google Fonts (locally hosted)

This site uses so-called Google Fonts, provided by Google, to ensure consistent font display. The Google Fonts are installed locally. No connection is made to Google's servers.

For more information about Google Fonts, visit https://developers.google.com/fonts/faq and see Google's Privacy Policy: https://policies.google.com/privacy?hl=de.

Font Awesome (local hosting)

This site uses Font Awesome to ensure consistent font display. Font Awesome is installed locally. No connection is made to servers operated by Fonticons, Inc.

For more information about Font Awesome, please see the Font Awesome Privacy Policy at: https://fontawesome.com/privacy.

Google Maps

This site uses the Google Maps mapping service. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. This service allows us to embed maps on our website.

To use the features of Google Maps, it is necessary to store your IP address. This information is typically transmitted to a Google server in the United States and stored there. The provider of this site has no control over this data transfer. When Google Maps is enabled, Google may use Google Fonts to ensure consistent font display. When you access Google Maps, your browser loads the required web fonts into its cache to display text and fonts correctly.

We use Google Maps to ensure that our online offerings are presented in an appealing manner and that the locations listed on our website are easy to find. This constitutes a legitimate interest within the meaning of Article 6(1)(f) of the GDPR. If consent has been requested, processing is carried out exclusively on the basis of Article 6(1)(a) of the GDPR and Section 25(1) of the TDDDG, to the extent that the consent covers the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent may be revoked at any time.

Data transfers to the United States are based on the European Commission’s Standard Contractual Clauses. For details, see here:
https://privacy.google.com/businesses/gdprcontrollerterms/ and
https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

For more information on how user data is handled, please see Google's Privacy Policy: https://policies.google.com/privacy?hl=de.

The company is certified under the “EU-U.S. Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the United States designed to ensure compliance with European data protection standards when data is processed in the United States. Every company certified under the DPF commits to complying with these data protection standards. For more information, please visit the provider’s website at the following link: https://www.dataprivacyframework.gov/participant/5780.

Source: https://www.e-recht24.de