Data Privacy

Data protection information

Foreword

We, mahnly Fichtl Schweinberg GbR (hereinafter jointly referred to as "the company", "we" or "us") take the protection of your personal data seriously and would like to inform you here about data protection in our company.

As part of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "GDPR") in order to ensure the protection of personal data of the person affected by processing (we also refer to you as the data subject hereinafter as "customer", "user", "you", "you" or "data subject").

Insofar as we decide either alone or jointly 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 the way in which your personal data is processed by us.

Our data protection information has a modular structure. It consists of a general part for all processing of personal data and processing situations that apply each time a website is accessed (A. General) and a special part, 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).

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) means any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if they can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or information relating to their physical, physiological, genetic, mental, economic, cultural or social identity. Identifiability can also be achieved by linking such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photos, video or audio recordings can also contain personal data).

- "Processing" (Art. 4 No. 2 GDPR) means any operation which is performed on personal data, whether or not by automated means (i.e. using technical specifications). This includes, in particular, the collection (i.e. acquisition), 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 of personal data, or alteration of the purposes for which they were originally processed.

- "Controller" (Art. 4 No. 7 GDPR) means 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.

- "Third party" (Art. 4 No. 10 GDPR) means any natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data; this also includes other legal entities belonging to the group.

- "Processor" (Art. 4 No. 8 GDPR) is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service provider). In terms of data protection law, a processor is in particular not a third party.

- "Consent" (Art. 4 No. 11 GDPR) of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

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

We are the controller responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR:

mahnly Fichtl Schweinberg GbR

Ringstr. 35, 87493 Lauben, Germany

info@mahnly.de

For further information about our company, please refer to the imprint information on our website [link to imprint].

(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

RA Marcus Schweinberg

Ringstr. 35, 87493 Lauben, Germany

info@mahnly.de

(4) Legal bases 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 para. 1 sentence 1 lit. a GDPR ("consent"): Where the data subject has voluntarily, in an informed and unambiguous manner, indicated by a statement or other unambiguous affirmative act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;

- Art. 6 para. 1 sentence 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

- Art. 6 para. 1 sentence 1 lit. c GDPR: If the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a statutory retention obligation);

- Art. 6 para. 1 sentence 1 lit. d GDPR: If processing is necessary in order to protect the vital interests of the data subject or of another natural person;

- Art. 6 para. 1 sentence 1 lit. e GDPR: If 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; or

- Art. 6 para. 1 sentence 1 lit. f GDPR ("Legitimate interests"): Where processing is necessary for the purposes of the legitimate (in particular legal or economic) interests pursued by the controller or by a third party, except where such interests are overridden by the interests or rights of the data subject which require protection of personal data (in particular where the data subject is a minor).

The storage of information in the end user's terminal equipment or access to information that is already stored in the terminal equipment is only permitted if it is covered by one of the following justifications:

- Section 25 (1) TTDSG: If the end user has consented on the basis of clear and comprehensive information. Consent must be given in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR;

- Section 25 (2) no. 1 TTDSG: If the sole purpose is to carry out the transmission of a communication over a public telecommunications network or

- Section 25 para. 2 no. 2 TTDSG: If the storage or access is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user.

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

(5) Data erasure and storage duration

For the processing operations carried out by us, we indicate below how long the data will be stored by us and when it will be 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 contract 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) Requirements 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 automated decision-making (including profiling).

(10) No obligation to provide personal data

We do not make the conclusion of contracts with us dependent on you providing us with personal data beforehand. As a customer, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products presented below and offered by us, you will be informed of this separately.

(11) Legal obligation to transfer certain data

Under certain circumstances, we may be subject to a specific 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 by contacting us using the contact details provided at the beginning under A.(2). As the 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 request 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 rectification, erasure, restriction of processing or objection, the existence of a right of appeal, 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 applicable, meaningful information on 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

- in accordance with Art. 17 GDPR, to request the erasure of your data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;

- in accordance with Art. 18 GDPR, to demand the restriction of the processing of your data if the accuracy of the data is disputed by you or the processing is unlawful

- in accordance with Art. 20 GDPR, to receive your data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller ("data portability")

- pursuant to Art. 21 GDPR, to object to the processing if the processing is based on Art. 6 para. 1 sentence 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. If it is not an objection to direct advertising, we ask you to explain the reasons why we should not process your data as we have done when exercising such an objection. In the event of your justified objection, we will examine the situation and either discontinue or adapt the data processing or point out to you our compelling reasons worthy of protection on the basis of which we will continue the processing;

- in accordance with Art. 7 para. 3 GDPR, to withdraw your consent once given (even before the GDPR came into force, i.e. before May 25, 2018) - i.e. your voluntary, informed and unequivocal declaration or other unambiguous confirmatory act that you consent to the processing of the personal data concerned for one or more specific purposes - at any time, if you have given such consent. As a result, we may no longer continue the data processing that was based on this consent in the future and

- in accordance with 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 data protection supervisory authority], [address], e-mail: [e-mail address].

(13) Changes to the data protection information

As part of the further development of data protection law and technological or organizational changes, our data protection notices are regularly reviewed to determine whether they need to be adapted or supplemented. 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 obtain information about our company and the services we offer in particular at [address of the company's website] together with the associated subpages (hereinafter jointly referred to as "websites"). When you visit our websites, your personal data may be processed.

(2) Processed personal data

When using 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 temporarily and anonymously stored 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 request

- 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 request was successful (access status/Http status code)

- the GMT time zone difference

"Contact form data": When contact forms are used, the data transmitted through them is processed (e.g. gender, surname and first name, address, company, e-mail address and the time of transmission).

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

- the page from which the page was requested (so-called referrer URL)

- the date and time of the request

- 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 e-mail address

- the date and time of registration and confirmation