Privacy Policy
Contents 16
- 1. Definitions
- 2. Name and address of the controller
- 3. Cookies
- 4. Collection of general data and information
- 5. Routine deletion and blocking of personal data
- 6. Rights of the data subject
- 7. Data protection provisions regarding the use and application of Adhunter
- 8. Data protection provisions regarding the use and application of Google Analytics
- 9. Data protection provisions regarding the use and application of OpenPanel
- 10. Audience measurement and profiling on our website
- 11. Legal basis for processing
- 12. Legitimate interests in processing pursued by the controller or a third party
- 13. Duration for which the personal data will be stored
- 14. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
- 15. Existence of automated decision-making and profiling
- 16. Identity verification
We are very pleased about your interest in our company. Data protection is of particular importance to the management of Outleap GmbH & Co. KG. The use of the websites of Outleap GmbH & Co. KG is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, for example, the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the applicable national data protection regulations for Outleap GmbH & Co. KG. Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about their rights.
Outleap GmbH & Co. KG, as the data controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions can generally have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example, by telephone.
1. Definitions
The privacy policy of Outleap GmbH & Co. KG is based on the terminology used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
In this privacy policy, we use, among others, the following terms:
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller.
c) Processing
Processing is any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling
Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or data controller
Controller or data controller is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.
h) Processor
Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency, or another body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the course of a particular inquiry in accordance with Union law or the law of the Member States shall not be regarded as recipients.
j) Third party
Third party is a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
k) Consent
Consent is any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which they signify agreement to the processing of personal data relating to them.
2. Name and address of the controller
Controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions with data protection character is:
Outleap GmbH & Co. KG
Wilmersdorfer Str. 122-123
10627 Berlin
Germany
Commercial register: HRA 55890 B
Register court: Charlottenburg District Court
Represented by the personally liable partner:
Outleap Verwaltungs-GmbH
Managing Director: Christopher Speer
Commercial register: HRB 203993 B
Register court: Charlottenburg District Court
3. Cookies
The websites of Outleap GmbH & Co. KG use cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that allows websites and servers to be assigned to the specific internet browser in which the cookie is stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified by the unique cookie ID.
By using cookies, Outleap GmbH & Co. KG can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
With the help of a cookie, the information and offers on our website can be optimized in the sense of the user. Cookies allow us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. The user of a website that uses cookies does not, for example, have to enter their access data again every time they visit the website, because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.
The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Furthermore, already set cookies can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject disables the setting of cookies in the internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The website of Outleap GmbH & Co. KG collects a series of general data and information with each call of the website by a data subject or an automated system. This general data and information are stored in the server log files. The following data may be collected: (1) the types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, Outleap GmbH & Co. KG does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and the advertising for these, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. These anonymously collected data and information are evaluated by Outleap GmbH & Co. KG on the one hand statistically and further with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Routine deletion and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or as far as this is provided for by the European legislator and other legislators in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the legal requirements.
6. Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European legislator to request from the controller confirmation as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they can contact our data protection officer or another employee of the controller at any time.
b) Right to access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain at any time from the controller free information about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator has granted the data subject the right to obtain information about the following:
- the purposes of processing
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data have been disclosed or will be disclosed, in particular recipients in third countries or international organizations
- if possible, the planned duration for which the personal data will be stored, or, if that is not possible, the criteria for determining that duration
- the existence of the right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
- the existence of a right to lodge a complaint with a supervisory authority
- if the personal data is not collected from the data subject: All available information about the source of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) GDPR and — at least in these cases — meaningful information about the logic involved as well as the significance and the intended consequences of such processing for the data subject
c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data — including by means of a supplementary statement — taking into account the purposes of the processing.
If a data subject wishes to exercise this right to rectification, they can contact our data protection officer or another employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to request from the controller the erasure of personal data concerning them without undue delay, provided that one of the following grounds applies and insofar as the processing is not necessary:
- The personal data have been collected for such purposes or processed in any other way that are no longer necessary.
- The data subject withdraws their consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects pursuant to Art. 21(2) GDPR.
- The personal data have been unlawfully processed.
- The erasure of personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services in accordance with Art. 8(1) GDPR.
e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the establishment, exercise, or defense of legal claims.
- The data subject has objected to processing pursuant to Art. 21(1) GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
f) Right to data portability
Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They have the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent in accordance with Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract in accordance with Art. 6(1)(b) GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability in accordance with Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact the data protection officer appointed by Outleap GmbH & Co. KG or another employee at any time.
g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them, which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
Outleap GmbH & Co. KG shall no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing is for the establishment, exercise, or defense of legal claims.
If Outleap GmbH & Co. KG processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data concerning them for the purposes of such marketing. This applies also to profiling to the extent that it is related to such direct marketing. If the data subject objects to Outleap GmbH & Co. KG to the processing for the purposes of direct marketing, Outleap GmbH & Co. KG will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out by Outleap GmbH & Co. KG for scientific or historical research purposes or for statistical purposes in accordance with Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact the data protection officer of Outleap GmbH & Co. KG or another employee directly. The data subject is also free to exercise their right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, through automated procedures where technical specifications are used.
h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller or (2) it is based on the data subject's explicit consent, Outleap GmbH & Co. KG shall implement suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, which at least include the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.
If the data subject wishes to assert rights regarding automated decisions, they can contact our data protection officer or another employee of the controller at any time.
i) Right to withdraw consent under data protection law
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If the data subject wishes to assert their right to withdraw consent, they can contact our data protection officer or another employee of the controller at any time.
7. Data protection provisions regarding the use and application of Adhunter
The controller delivers advertising slots on this website via the ad server Adhunter (www.adhunter.de). The operating company is GT Outdoors GmbH, Köhlterholz 9, 32479 Hille, Germany, a company affiliated with us.
When a page containing an advertising slot is called up, your browser retrieves Adhunter's delivery script and transmits the technically necessary connection data, in particular your IP address. Which advertising Adhunter delivers depends solely on the page called up and the respective advertising slot, not on you as a person, your previous behaviour or any profile formed about you. To be distinguished from this are the sponsored offers of dealers that we ourselves display within our result lists and on item pages: we align their selection with your profile only if you have consented to personalisation under section 10.
During delivery, Adhunter neither stores any information on your device nor reads out any information stored there. Consent under Section 25(1) TDDDG is therefore not required for this. The legal basis for processing the connection data is Art. 6(1)(f) GDPR; our legitimate interest lies in financing our offering through advertising.
We do not use advertising services that store information on your device or read information from it. Should we change this in future, we will obtain your separate consent beforehand.
8. Data protection provisions regarding the use and application of Google Analytics
The controller uses Google Analytics 4 on this website, embedded via Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, acting as a processor on our behalf; the processing may also take place on servers of Google LLC in the United States. For that transfer we rely on the European Commission's adequacy decision on the EU-US Data Privacy Framework, under which Google LLC is certified, and additionally on the standard contractual clauses.
The purpose is audience measurement: we want to see by which routes visitors reach us, which pages are called up and how long they are viewed, in order to align our offering and our search accordingly.
Google Tag Manager is loaded every time our website is called up, including where you have not consented to audience measurement. However, we control Google Analytics by means of what is known as consent mode. Without your consent, storage access is set to "denied": Google Analytics then places no cookies on your device and reads no information there, but merely transmits a measurement signal without any recognition identifier. Successive visits cannot in that case be attributed to the same browser; only aggregated figures arise.
What is transmitted in the process is the technically necessary connection data, in particular your IP address, the address called up, the referring website and details of your browser and operating system. Your IP address is truncated by Google before it is stored; the full address is not stored. The legal basis for this consent-free audience measurement is Art. 6(1)(f) GDPR; our legitimate interest lies in being able to assess the use of our offering at all and to develop it in line with demand.
If you consent to audience measurement, we set storage access to "granted". Google Analytics then places cookies on your device and can recognise you as the same browser across several visits. The legal basis for this is Section 25(1) TDDDG and Art. 6(1)(a) GDPR. You may withdraw your consent at any time with effect for the future; the button provided for this can be found under number 3 and in the footer of every page.
Advertising-related signals (ad_storage, ad_user_data, ad_personalization) are permanently set to "denied" and are never released by us. Use of your data by Google for advertising purposes or for building audiences does not take place via our website.
Irrespective of the above settings, you can prevent collection by Google Analytics browser-wide by downloading and installing the browser add-on provided by Google at https://tools.google.com/dlpage/gaoptout.
Further information and Google's applicable data protection provisions can be found at https://policies.google.com/privacy.
9. Data protection provisions regarding the use and application of OpenPanel
Alongside Google Analytics we use the analytics software OpenPanel. Unlike there, no transfer to another company takes place: we operate OpenPanel ourselves on our own server at the address op.outleap.de. No processor is involved in this respect.
What is recorded is the pages called up, clicks on outgoing links and the technically necessary connection data, in particular your IP address, the referring website and details of your browser and operating system.
OpenPanel places no cookies on your device and reads no information there. The identifier by which related requests are attributed to one another is computed on our server and is not stored on your device. Consent under Section 25(1) TDDDG is therefore not required for this, and OpenPanel runs irrespective of your decision on audience measurement. The legal basis for the processing is Art. 6(1)(f) GDPR; our legitimate interest lies in being able to assess the use of our offering and to develop it in line with demand.
If you are signed in with us, we attribute the recorded operations to your user account only where you have consented to audience measurement. Without your consent your requests are merely counted, but not linked to your account.
Further information about OpenPanel can be found at https://openpanel.dev.
10. Audience measurement and profiling on our website
We analyse how our website is used in order to recognise which goods and topics are in demand, and to align our offering and our search accordingly. The resulting analysis constitutes profiling within the meaning of Art. 4 No. 4 GDPR. Whether it may additionally decide what we show you is up to you, by way of a separate consent to personalisation; without that consent it feeds solely into aggregated analyses. Below we describe which data arises, what we derive from it, how long we store it and how you can object.
a) Recognition identifier
If you have consented to audience measurement, we assign a randomly generated identifier and store it in your browser's local storage as well as in a cookie with a lifetime of two years. This identifier is a purely random number and contains no information about you as a person. Its sole purpose is to attribute consecutive visits to the same browser. If you log in with us, we link the identifier to your user account so that the use of several devices by the same person can be brought together.
Without your consent we do not store any persistent identifier on your device. The operations described under b) are then only attributed to an identifier that exists within your current session and expires when it ends. No profile within the meaning of c) arises from this; the data is only included in aggregated analyses.
In a further cookie we record what you have consented to, and we additionally document your decision on our servers in order to be able to prove it in the event of a dispute. We do not pass these identifiers on to third parties and we do not use any techniques that recognise you without such an identifier (no so-called fingerprinting).
b) Which events we log
We log the following operations: opening an item page, opening a category, brand or calibre page, search queries and filters set, including the number of results, adding an entry to the watchlist, clicking on a dealer's offer, sending a contact enquiry to a seller, placing a bid, purchasing through our platform, and publishing a listing of your own. In addition, your browser reports to us how long an item page was open, how far you scrolled, and which result cards and advertising slots were actually visible.
For each of these operations we store the characteristics of the item concerned — category, calibre, brand, price, condition, dealer, and whether it is an item requiring a licence — as well as language, country, the first two digits of the offer's postal code as a rough regional indication, the type of device used and, where applicable, the website from which you came to us. We do not store your IP address in this log. Where we need it elsewhere, we first shorten it by the last address block so that it can no longer be attributed to a connection.
c) What we derive from it
From these events we calculate a profile at regular intervals along five mutually independent characteristics: the role (buying or selling, private or commercial), the recognisable field of interest (hunting, sport shooting, beginners and licence-free goods, collecting, equipment, for example), an assessment of how concrete a purchase intention currently is, the preferred price range, and an assessment of whether the interest shown is directed at licence-free or at licence-required goods. Older observations continuously lose weight in this, so that the profile reflects the current state and not the sum of all visits.
The last of these assessments is expressly a purely probabilistic statement about the relevance of offers and not a statement about you as a person or your entitlement under weapons law. It is based solely on observed behaviour and is not used in any purchase, sale or unlocking process. It neither replaces nor presumes proof of a licence. If you have consented to personalisation, its only effect is that we do not give preference to licence-required goods among the sponsored offers shown to you; it excludes you from no offer and no function.
d) Purposes and legal bases
Storing the persistent identifier described under a) on your device and subsequently reading it out take place exclusively on the basis of your consent under Section 25(1) TDDDG and Art. 6(1)(a) GDPR. If you do not give it, both are omitted.
We use the data collected on this basis for audience measurement, for identifying gaps in our range and for improving our search and our offering. The legal basis for the subsequent analysis is Art. 6(1)(f) GDPR; our legitimate interest lies in developing our offering to meet demand and in operating our platform economically.
With your separate consent to personalisation (Art. 6 I lit. a GDPR) we additionally use the profile to decide which of the sponsored dealer offers we show you first in result lists and on item pages, and which current offers we suggest to you in a dedicated row on the start page. Nothing is hidden as a result. To check whether personalisation benefits you, we show a randomly determined small share of consenting visitors the non-personalised view. This consent requires consent to reach measurement and lapses when that is withdrawn. We do not use the profile for marketing purposes, such as e-mails.
If there is no consent to audience measurement, no profile arises. The operations described under b) are then only attributed to an identifier that expires with the session and are included exclusively in aggregated analyses.
We do not pass the data described, or the profiles formed from it, on to third parties. In particular, it is not fed into audiences at social networks or advertising networks. Should we intend to do so in future, we would inform you beforehand and obtain separate consent.
e) Storage period
We remove the individual event data from the system with which we operate our website after twelve months. Before that we transfer it into an analysis archive. In doing so, your identifier, any user identifier and the session identifier are not carried over; a cryptographic substitute value takes the place of your identifier, which no longer permits attribution to you without recourse to additional information kept separately. We use this archive exclusively for aggregated analyses over longer periods and no longer in order to show you anything.
A profile whose identifier has shown no activity for more than thirty-six months is deleted completely, including all attributions derived from it and all history relating to that identifier. Only tallies across the entirety of our users are retained — such as how many people could be attributed to a field of interest in a particular month — which no longer have any reference to an individual person.
If you delete your user account or object to the analysis (letter f), we delete your profile, the assignments derived from it and your identifier immediately and irrespective of these periods. At that moment we transfer the event data into the analysis archive in the way described above, without waiting for the twelve-month period; there, too, they no longer carry your identifier.
f) Your options
You can withdraw your consent to use for personalisation and marketing purposes at any time with effect for the future; the lawfulness of the processing carried out until then remains unaffected. A click on the following button is sufficient for this — withdrawal is thereby just as easy as giving consent:
Independently of this, you can object to the analysis under Art. 21 GDPR and demand the erasure of the data stored for your identifier. You can also trigger this directly here; an informal message to the address named under number 2 or to our data protection officer is equally sufficient. This objection covers in particular the use of your profile for selecting the sponsored offers and start page suggestions shown to you (Art. 21(2) GDPR); it is complied with without further examination.
Furthermore, you can delete the cookies described and the local storage at any time via your browser's settings; after that we will treat you as a new visitor.
11. Legal basis for processing
Art. 6(1)(a) GDPR serves as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations that are necessary for the performance of pre-contractual measures, for example, in cases of inquiries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured in our company and their name, age, health insurance data, or other vital information had to be disclosed to a doctor, a hospital, or other third parties. In this case, the processing would be based on Art. 6(1)(d) GDPR. Ultimately, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, provided that the interests, fundamental rights, and fundamental freedoms of the data subject do not override those interests. Such processing operations are particularly permitted because they were specifically mentioned by the European legislator. He took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
12. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
13. Duration for which the personal data will be stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After the retention period has expired, the corresponding data will be routinely deleted, provided that they are no longer necessary for the fulfillment of the contract or the initiation of a contract.
14. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual arrangements (e.g., information about the contracting party). It may sometimes be necessary for a contract to be concluded that a data subject provides us with personal data, which must then be processed by us. The data subject is, for example, obliged to provide us with personal data when our company concludes a contract with them. A failure to provide personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contractually or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of non-provision of the personal data would be.
15. Existence of automated decision-making and profiling
We use profiling within the meaning of Art. 4(4) GDPR in order to analyse usage behaviour on our website. You will find details of which data is processed in the course of this and how you can object under number 10.
Automated decision-making within the meaning of Art. 22 GDPR that produces legal effects concerning you or similarly significantly affects you does not take place, with one exception. The analyses described above decide solely which content and which advertising you are shown. They have no influence on whether and on what terms a contract is concluded, and they are not used in buying, selling or approval processes.
The exception is the identity verification under section 16. Whether an identity document is genuine, matches you, shows that you are of age and has not already been used for another account is first determined by an automated process, and its result decides whether you can reply to messages as a seller. This decision is necessary for performing the user agreement (Art. 22(2)(a) GDPR). You can request at any time that a member of our staff reviews the decision, express your point of view and contest the decision. Please use the form on the identity verification page in your profile for this, or write to the address given in section 2.
16. Identity verification
Anyone selling on Gunfinder confirms their identity with an official identity document. Without this verification, sellers cannot reply to messages from interested buyers; for buyers it is voluntary. The verification protects the users of our platform from fraud and identity misuse, prevents the same person from running several accounts or replacing a blocked account with a new one, and prevents minors from verifying as sellers.
a) Carried out by Veriff
The verification is carried out on our behalf by Veriff OÜ, Niine tn 11, 10414 Tallinn, Estonia, as a processor. Using the camera of your smartphone or tablet, you record the front and back of your identity document and a photo of yourself. Veriff reads the details from the document, checks the document for authenticity and compares your photo with the photo in the document. The recordings remain with Veriff; we receive no images from Veriff's verification.
b) Which data we store
Once the verification is complete, Veriff sends us the result and the details read from the document: first name, last name, date of birth, type of document, issuing country and document number. We store these details in encrypted form with your user account. We use them to determine whether the same identity document has already been used for another account, to check the minimum age, to be able to pursue claims of trading partners and to answer requests for information from authorities. Only the members of our support team have access, and only where a case requires it; every access is logged with name and time.
c) Disclosure to authorities
If law enforcement or regulatory authorities request information about a specific user account, we first check whether the request actually comes from the named authority. We then send them the data stored for this account, including the data from the identity verification and the IP addresses with the time of sign-in. We do not send images from the identity verification by e-mail.
d) Legal bases
For sellers, the identity verification is a prerequisite for using the messaging function under our terms of use; in this respect the processing is based on Art. 6(1)(b) GDPR. Storing the details from the identity document and comparing them with other accounts is based on Art. 6(1)(f) GDPR; our legitimate interest lies in preventing fraud and the misuse of other people's identities on our platform, keeping blocked persons away and being able to assert or defend legal claims. Disclosure to authorities is based on Art. 6(1)(c) GDPR where we are obliged to provide information, and otherwise on Art. 6(1)(f) GDPR.
e) Storage period
We store the data from the identity verification for as long as your user account exists. If you delete your account, we keep it for a further twelve months, because claims of trading partners and requests from authorities often arrive only after some time; it is deleted after that. If an account is blocked because of a violation, we keep the data for as long as the block lasts.
This privacy policy was generated by the privacy policy generator of the External Data Protection Officer in cooperation with RC GmbH, which recycles used notebooks and the filesharing lawyers of WBS-LAW.