We, NFTARTHOUZE GmbH (hereinafter jointly referred to as “the company”, “we” or “us”) take the protection of your personal data seriously and would like to take this opportunity to inform you about data protection in our company.

Insofar as we decide either alone or together with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the type, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 GDPR). With this declaration (hereinafter: “data protection information”), we inform you about how your personal data is processed by us.

Our data protection information has a modular structure. It consists of a general section for any processing of personal data and processing situations that apply each time a website is accessed (A. General) and a special section, the content of which relates only to the processing situation specified there with the designation of the respective offer or product, in particular the visit to websites described in more detail here (B. Visit to websites).

In order to find the parts relevant to you, please refer to the following overview of the subdivision of the data protection information:

A) General

(1) Definitions of terms

Following the example of Art. 4 GDPR, this data protection notice is based on the following definitions:

• “Personal data” (Art. 4 No. 1 GDPR) is all information that relates to an identified or identifiable natural person (“data subject”). A person can be identified if they are directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or with the help of information about their physical, physiological, genetic, psychological, economic, cultural or social identity characteristics can be identified. Identification can also be achieved by linking such information or other additional knowledge. The origin, form or embodiment of the information is not important (photos, video or audio recordings can also contain personal data).
• “Processing” (Art. 4 No. 2 GDPR) is any process in which personal data is handled, whether with or without the help of automated (i.e. technology-based) Procedure. This includes, in particular, collecting (ie procurement), recording, organizing, classifying, storing, adapting or changing, reading out, querying, using, disclosing by transmission, disseminating or otherwise making available, and comparing , the linking, restriction, deletion or destruction of personal data as well as the change of a goal or purpose on which data processing was originally based.
• “Responsible” (Art. 4 No. 7 GDPR) is the natural or legal person, authority, institution or other body that, alone or jointly with others, determines the purposes and means of processing personal data.
• “Third party” (Art. 4 No. 10 GDPR) is any natural or legal person, authority, institution or other body other than the data subject, the person responsible, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or processor; This also includes other legal entities belonging to the group.
• “Processor” (Art. 4 No. 8 GDPR) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible, in particular processed in accordance with its instructions (e.g. IT service provider). In the sense of data protection law, a processor is not a third party.
• “Consent” (Art. 4 No. 11 GDPR) of the data subject means any expression of will given voluntarily for the specific case, in an informed manner and unambiguously in the form of a statement or another clear confirmatory act by which the data subject indicates that he or she consents to the processing of personal data concerning him or her.

(2) Name and address of the controller responsible for processing

The controller responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR is us:

NFTARTHOUZE GmbH

Am Steinberg 17

65719 Hofheim a.T.

E-mail: [email protected]

Further information about our company can be found in the legal notice on our website.

(3) Contact details of the data protection officer

Our company data protection officer is available at all times to answer any questions you may have and to act as your contact person on the subject of data protection. His contact details are:

NFTARTHOUZE GmbH

Am Steinberg 17

65719 Hofheim a.T.

E-mail: [email protected]

(4) Legal basis for data processing

In principle, any processing of personal data is prohibited by law and is only permitted if the data processing falls under one of the following justifications:

• Art. 6 Paragraph 1 Sentence 1 Letter a GDPR (“Consent”): If the data subject has voluntarily, informedly and unambiguously indicated by a statement or other clear confirmatory action that he or she consents to the processing of his or her data consents to the personal data concerned for one or more specific purposes;
• Art. 6 Paragraph 1 Sentence 1 Letter b GDPR: If the processing is necessary to fulfill a contract to which the data subject is a party or to carry out pre-contractual measures at the request of the data subject;
• Art. 6 Paragraph 1 Sentence 1 Letter c GDPR: If the processing is necessary to fulfill a legal obligation to which the controller is subject (e.g. a statutory retention obligation);
• Art. 6 Paragraph 1 Sentence 1 Letter d GDPR: If processing is necessary to protect the vital interests of the data subject or another natural person;
• Art. 6 Paragraph 1 Sentence 1 Letter e GDPR: If the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority vested in the person responsible or
• Art. 6 Paragraph 1 Sentence 1 Letter f of the GDPR (“Legitimate Interests”): If the processing is necessary to protect the legitimate (in particular legal or economic) interests of the person responsible or a third party, provided that there are no conflicting interests or rights of the person concerned outweigh (especially if it involves a minor).
• The storage of information in the end user’s terminal device or access to information already stored in the end device is only permitted if it is covered by one of the following justifications:
• § 25 Paragraph 1 TTDSG: If the end user has consented on the basis of clear and comprehensive information. Consent must be given in accordance with Article 6 Paragraph 1 Sentence 1 Letter a GDPR;
• § 25 Para. 2 No. 1 TTDSG: If the sole purpose is to carry out the transmission of a message via a public telecommunications network or
• § 25 Para. 2 No. 2 TTDSG: If storage or access is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user.< /li>

For the processing operations we carry out, we indicate the applicable legal basis in each case below. Processing may also be based on several legal bases.

(5) Data erasure and storage duration

For the processing operations we carry out, we indicate below how long we store the data and when it is deleted or blocked. Unless an explicit storage period is specified below, your personal data will be erased or blocked as soon as the purpose or legal basis for storage no longer applies. Your data will generally only be stored on our servers in Germany, subject to any disclosure in accordance with the provisions in A.(7) and A.(8).

However, data may be stored beyond the specified period in the event of an (impending) legal dispute with you or other legal proceedings or if storage is provided for by statutory provisions to which we are subject as the controller (e.g. Section 257 HGB, Section 147 AO). If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

(6) Data security

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties (e.g. TSL encryption for our website), taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

We will be happy to provide you with more detailed information on request. Please contact our data protection officer (see under A.(3)).

(7) Cooperation with processors

As with any large company, we also use external domestic and foreign service providers to process our business transactions (e.g. for the areas of IT, logistics, telecommunications, sales and marketing). These service providers only act in accordance with our instructions and are contractually obliged to comply with data protection regulations in accordance with Art. 28 GDPR.

If your personal data is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

(8) Conditions for the transfer of personal data to third countries

As part of our business relationships, your personal data may be passed on or disclosed to third-party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively to fulfill contractual and business obligations and to maintain your business relationship with us (legal basis is Art. 6 para. 1 lit. b or lit. f in each case in conjunction with Art. 44 ff. GDPR). We will inform you about the respective details of the transfer at the relevant points below.

The European Commission certifies that some third countries have a level of data protection comparable to the EEA standard by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible via binding corporate rules, standard contractual clauses of the European Commission for the protection of personal data pursuant to Art. 46 para. 1 , 2 lit. c GDPR (the standard contractual clauses of 2021 are available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D0915&locale-en, certificates or recognized codes of conduct. Please contact our data protection officer (see under A.(3)) if you would like more information on this.

(9) No automated decision making (including profiling)

We do not intend to use personal data collected from you for any automated decision-making process (including profiling).

(10) No obligation to provide personal data

We do not make the conclusion of contracts with us dependent on you first providing us with personal data. In principle, you as a customer have no legal or contractual obligation to provide us with your personal data; However, it may be that we can only provide certain offers to a limited extent or not at all if you do not provide the necessary data. If this is exceptionally the case with the products we offer presented below, you will be informed of this separately.

(11) Legal obligation to transmit certain data

We may be subject to a special legal or statutory obligation to provide the lawfully processed personal data to third parties, in particular public authorities (Art. 6 para. 1 sentence 1 lit. c GDPR).

(12) Your Rights

You can assert your rights as a data subject regarding your processed personal data at any time using the contact details provided at the beginning of A.(2). As a data subject, you have the right:

• to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can obtain information about the purposes of processing, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, and the existence of a right to lodge a complaint , the origin of your data, if it was not collected by us, as well as the existence of automated decision-making including profiling and, if necessary, meaningful information about its details;
• in accordance with Art. 16 GDPR, to immediately request the correction of incorrect data or the completion of your data stored by us;
• according to Art. 17 GDPR, to request the deletion of your data stored by us, unless the processing is carried out to exercise the right to freedom of expression and information, to fulfill a legal obligation, is necessary for reasons of public interest or to assert, exercise or defend legal claims;
• according to Art. 18 GDPR, to demand the restriction of the processing of your data if you dispute the accuracy of the data or the processing is unlawful;
• according to Art. 20 GDPR, to receive your data that you have provided to us in a structured, common and machine-readable format or to request its transmission to another person responsible (” Data portability”);
• to object to the processing in accordance with Art. 21 GDPR, if the processing is based on Art. 6 Para. 1 S. 1 lit. e or lit. f GDPR he follows. This is particularly the case if the processing is not necessary to fulfill a contract with you. Unless it is an objection to direct advertising, when exercising such an objection we ask you to explain the reasons why we should not process your data as we do. In the event of your justified objection, we will examine the situation and will either stop or adjust data processing or show you our compelling legitimate reasons on the basis of which we continue processing;
• according to Art. 7 Para. 3 GDPR, your consent given once (also before the GDPR came into force, i.e. before May 25, 2018) – i.e. your voluntary, in informed and unambiguous declaration or other clear affirmative action that you consent to the processing of the personal data in question for one or more specific purposes – to revoke your consent to us at any time, if you have given such consent. This means that we are no longer allowed to continue the data processing based on this consent in the future and
• according to Art. 77 GDPR, to complain to a data protection supervisory authority about the processing of your personal data in our company, for example to the data protection supervisory authority responsible for us: [Responsible person Data Protection Supervisory Authority], [address], email: [email address].

(13) Changes to the data protection information

As data protection law develops and technological or organizational changes occur, our data protection information is regularly checked for any need for adjustments or additions. You will be informed of any changes in particular on our German website at [address of the company’s website]. This data protection notice is valid as of [month and year of publication of the data protection notice].

B) Visiting websites

(1) Explanation of the function

You can find information about our company and the services we offer at [address of the company’s website] including the associated subpages (hereinafter collectively: “websites”). When you visit our websites, your personal data may be processed.

(2) Personal data processed

When you use the websites for information purposes, we collect, store and process the following categories of personal data:

“Log data”: When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:

• the page from which the page was requested (so-called referrer URL)
• the name and URL of the requested page
• the date and time of the call
• the description of the type, language and version of the web browser used
• the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
• the amount of data transferred
• the operating system
• the message as to whether the call was successful (access status/Http status code)
• the GMT time zone difference

“Contact form data”: When using contact forms, the data transmitted is processed (e.g. gender, last name and first name, address, company, email address and the time of transmission).

In addition to the purely informational use of our website, we offer subscription to our newsletter, with which we inform you about current developments in commercial law and events. If you register for our newsletter, the following “newsletter data” will be collected, stored and further processed by us:

• the page from which the page was requested (so-called referrer URL)
• the date and time of the call
• the description of the type of web browser used
• the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
• the email address
• the date and time of registration and confirmation

We would like to point out that we evaluate your user behavior when we send the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which represent single-pixel image files that are stored on our website. For the evaluations, we link the above-mentioned data and the web beacons with your email address and an individual ID. Links contained in the newsletter also contain this ID. The data is only collected pseudonymously, i.e. The IDs are therefore not linked to your other personal data, and direct personal reference is excluded.

(3) Purpose and legal basis of data processing

We process the personal data specified above in accordance with the provisions of the GDPR and other relevant data protection regulations and only to the extent necessary. To the extent that the processing of personal data is based on Article 6 Paragraph 1 Sentence 1 Letter f of the GDPR, the purposes mentioned also represent our legitimate interests.

The processing of the log data serves statistical purposes and to improve the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 Para. 1 Sentence 1 lit. a or lit. f GDPR).

Contact form data is processed to process customer inquiries (legal basis is Art. 6 Para. 1 S. 1 lit. b or lit. f GDPR).

The newsletter data is processed for the purpose of sending the newsletter. When you register for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 Para. 1 lit. a GDPR). To register for our newsletter we use the so-called double opt-in procedure. This means that after you register, we will send you an email to the email address you provided, in which we will ask you to confirm that you would like to receive the newsletter. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data. You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. You can declare your revocation by clicking on the link provided in every newsletter email, by email to [company email address] or by sending a message to the contact details provided in the legal notice.

If the storage of information in your end device or access to information that is already stored in the end device is necessary for the processing of the data, Section 25 Paragraphs 1 and 2 TTDSG is the legal basis for this.

(4) Duration of data processing

Your data will only be processed for as long as necessary to achieve the processing purposes mentioned above; The legal bases specified in the context of the processing purposes apply accordingly. Regarding the use and storage period of cookies, please note point A. (5) and the cookie policy [link to the cookie policy].

Third parties used by us will store your data on their system for as long as is necessary in connection with the provision of services for us in accordance with the respective order.

You can find further information about the storage period under A.(5) and the cookie policy [link to the cookie policy].

(5) transfer of personal data to third parties; Basis of justification

The following categories of recipients, who are usually processors (see A.(7)), may have access to your personal data:

• Service providers for the operation of our website and the processing of the data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Article 6 Paragraph 1 Sentence 1 Letter b or Letter f of the GDPR, unless it concerns contract processors;
• Governmental bodies/authorities, to the extent this is necessary to fulfill a legal obligation. The legal basis for the transfer is then Article 6 Paragraph 1 Sentence 1 Letter c GDPR;
• People employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the transfer is then Article 6 Paragraph 1 Sentence 1 Letter b or Letter f GDPR.

For guarantees of an appropriate level of data protection when data is transferred to third countries, see A.(8).
In addition, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Article 6 Paragraph 1 Sentence 1 Letter a of the GDPR.

(6) Use of cookies, plugins and other services on our website

a) Cookies

We use cookies on our websites. Cookies are small text files that are assigned and stored on your hard drive by the browser you are using using a characteristic string and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer and therefore cannot cause any harm. They serve to make the Internet offering more user-friendly and effective overall, i.e. more pleasant for you.

Cookies can contain data that makes it possible to recognize the device used. In some cases, cookies only contain information about certain settings that are not personally identifiable. However, cookies cannot directly identify a user.

A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. In terms of their function, cookies are differentiated between:

• Technical cookies: These are essential to move around the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes, nor do they store which websites you have visited;
• Performance cookies: These collect information about how you use our website, which pages you visit and e.g. B. whether errors occur when using the website; they do not collect any information that could identify you – all information collected is anonymous and is only used to improve our website and find out what interests our users;
• Advertising cookies, targeting cookies: These serve to offer the website user tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; Advertising and targeting cookies are stored for a maximum of 13 months;
• Sharing cookies: These serve to improve the interactivity of our website with other services (e.g. social networks); Sharing cookies are stored for a maximum of 13 months.

The legal basis for cookies, which are absolutely necessary to provide you with the expressly requested service, is Section 25 Paragraph 2 No. 2 TTDSG. Any use of cookies that is not absolutely technically necessary represents data processing that can only be carried out with your express and active consent in accordance with Section 25 Paragraph 1 TTDSG in conjunction with Art. 6 Paragraph 1 Sentence 1 Letter a DS- GMOs are allowed. This applies in particular to the use of performance, advertising, targeting or sharing cookies. In addition, we only pass on your personal data processed through cookies to third parties if you do so in accordance with Article 6 Paragraph 1 Sentence 1 Letter a of the GDPR have given express consent to this.

b) Cookie Policy

For more information about what cookies we use and how you can manage your cookie settings and opt out of certain types of tracking, see our Cookie Policy. Our current Cookie Policy is that we are using technical cookies only.

c) Social media plugins

We do not use social media plugins on our websites. If our websites contain symbols from social media providers (e.g. [name of social media provider with symbols on the company’s website]), we only use these for passive linking to the respective provider’s pages.