Managing Directors: Siegfried König and Irina König
Abendener Str. 11
Dr. Arthur Waldenberger, LL.M, lawyer
Waldenberger Law Firm
NetDebit only processes personal data from companies to the extent this is necessary to ensure a functioning website and to establish, fulfil, stipulate the content of, amend or terminate the contractual relationship with the company. Personal data of companies are processed because this is permitted by law and/or is based on the consent from the company.
In the event NetDebit obtains consent from companies for processing operations, the legal basis for this shall be Article 6 (1) a) GDPR. When the processing of personal data is necessary for the performance of a contract with the company, the legal basis for this shall be Article 6 (1) b) GDPR. This also applies to processing operations that are required to carry out steps prior to entering into a contract. In the event the processing of personal data is necessary for compliance with a legal obligation to which NetDebit is subject, the legal basis for this shall be Article 6 (1) c) GDPR. If the processing is required to uphold a legitimate interest of NetDebit or a third party and the interests, fundamental rights and freedoms of the company do not override the aforementioned interest, the legal basis for the processing shall be Article 6 (1) f) GDPR. If personal data are transmitted in an individual case to third countries, the legal basis for this shall be Article 45 et seq. GDPR.
The personal data of companies are erased or made unavailable as soon as the purpose for storing the data no longer applies. Data can also be stored if this is prescribed by European or German legislators in EU regulations, laws or other legal acts which NetDebit is subject to. Personal data are also made unavailable or erased if the duration of storage stipulated by the afore-mentioned rules expires, unless the data have to be retained for the conclusion or performance of a contract.
Upon each access to the website https://www.netdebit-payment.de the NetDebit GmbH system records automated data and information from the accessing computer. The following data are recorded: Information about the type of browser and the version used, the operating system of the accessing device, the internet service provider of the accessing device, the IP address of the accessing device, the date and time of access, websites through which the accessing system accessed our website, and websites that were accessed by the accessing system through our website. The data are also stored in the log files of our system. These data are not stored together with other personal data of the company.
The legal basis for the temporary storage of data is Article 6 (1) f) GDPR. The data are stored to ensure the website remains functional. Furthermore, the data help NetDebit to optimise the website and keep our IT systems secure. These purposes constitute NetDebit’s legitimate interest in processing the data in accordance with Article 6 (1) f) GDPR.
The data are erased as soon as they are no longer needed to achieve the purpose for which they were collected. If the data are stored in log files, they will be erased after no more than seven days. They may also be stored for a longer period, however. In this case, the IP addresses of the accessing device will be erased or masked so that they can no longer be traced back to the requesting client. We are required to collect the data used in making our website available and to store the data in log files in order to operate the website. The webmaster/company, in other words, cannot object to our collection and storage of the data.
On the NetDebit websitehttps://www.netdebit-payment.de/, technologies of LiveZilla GmbH, Byk-Gulden-Straße 18, 78224 Singen (www.livezilla.net) are used to collect and store anonymous data for web analytics purposes and to operate the live chat system to respond to live support requests. Pseudonymised user profiles may be created with the help of these anonymous data. Cookies can be employed for this. These are small text files stored on the hard drive of the computer of the visitor to the website, and facilitate recognition upon any return visit to our website. The pseudonymised user profiles are not combined with personal data about the bearer of the pseudonym without separate, explicit consent from the data subject. Technical solutions ensure that IP addresses are automatically depersonalised.
The availability of Livezilla makes it easier for us to provide our services. This also constitutes our legitimate interest in accordance with Article 6 (1) f) GDPR, which is the legal basis for the processing. The data are erased as soon as they are no longer needed to achieve the purpose for which they were collected. The cookies are erased after no later than 6 months. By configuring your browser (e.g. cookie settings) you can always object to this web analysis.
The NetDebit website offers you the opportunity to subscribe to our email newsletter for free. Upon subscribing to the newsletter, the data from the input mask are transferred to us. This includes the email address of the subscriber, the IP address of the computer used to subscribe, as well as the date and time of the registration.
Consent from the webmaster/company for the data processing is collected during the registration procedure, and reference is made to this privacy statement. If consent is given, the legal basis for processing the data after the company subscribes to the newsletter is Article 6 (1) a) GDPR. The email address is collected so we can send the newsletter by email. Other personal data are collected during the registration process to prevent misuse of the services or of the email address.
The data are erased as soon as they are no longer needed to achieve the purpose for which they were collected, unless there is a statutory obligation to retain such data.
The company may withdraw consent at any time without this affecting the lawfulness of the processing based on consent before its withdrawal. The giving or denial of consent by the webmaster/company has no influence whatsoever on the conclusion of the contract between NetDebit and the company.
NetDebit offers companies the chance to register for concluding a contract with NetDebit by providing personal data. The data are entered into an input mask, transferred to NetDebit and stored. The following data in particular are collected during the registration process: IP address, date and time of registration, first name and last name (where applicable, company name of webmaster/company with agency relationships), date of birth, personal ID number, address, contact partner, account details, telephone number, email address, login name, password, where applicable EU VAT number, tax number and business documentation. Data collecting during contract processing includes, in particular, PartnerID, payment dates, information on mediated contracts with customers, allocation of granted access to websites of the company, amount of commission, cancellations, etc.
The legal basis for processing the personal data is Article 6 (1) b) GDPR. This means the processing is required to perform the contract between NetDebit and the company, or to carry out steps prior to entering into a contract, at the request of the company.
The data shall be erased as soon as they are no longer needed to achieve the purpose for which they were collected. This is the case for data provided during the registration process to perform a contract or to carry out steps prior to entering into a contract, if the data are no longer needed to execute the contract. Even after a contract is concluded it may be necessary to store personal data of the contractual partner in order to meet contractual or legal obligations.
NetDebit only passes personal data of companies on to third parties to a very limited extent. This happens for example if the police or tax authorities request information.
If the personal data of companies are processed, they then become a data subject within the meaning of the GDPR, and they have the following rights vis-à-vis NetDebit:
You shall have the right to obtain confirmation from NetDebit as to whether or not your personal data are processed by us. Where that is the case, you can request the following information from NetDebit:
You are entitled to request information about whether your personal data are transferred to a third country or to an international organisation. In this context you may request information about the appropriate safeguards in accordance with Article 46 GDPR with regard to this transfer.
You shall have the right to call upon NetDebit to rectify and/or complete your personal data processed if they are inaccurate or incomplete. The controller must perform this rectification without undue delay.
You shall have the right to obtain a restriction of processing for your personal data where one of the following applies:
Where the processing of your personal data has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State. If you have obtained a restriction of processing pursuant to the requirements above, you shall be informed by NetDebit before the restriction of processing is lifted.
You shall have the right to obtain from NetDebit the erasure of your personal data without undue delay and NetDebit shall erase these data without undue delay where one of the following grounds applies:
Where NetDebit GmbH has made your personal data public and is obliged pursuant to Article 17 (1) GDPR to erase the personal data, it shall, with due consideration of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copies or replications of, this personal data.
The erasure right shall not apply to the extent that processing is necessary
If you have enforced your right of rectification, erasure or restriction of processing vis-à-vis NetDebit GmbH, the latter shall provide information about the rectification or erasure of data or about the restriction of processing to all the recipients your personal data was disclosed to, unless this proves to be impossible or would involve disproportionate effort. You have the right vis-à-vis NetDebit GmbH to be informed about these recipients.
You have the right to receive your personal data which you provided to NetDebit GmbH in a structured, commonly used and machine-readable format. You also have the right to transmit these data to another controller without hindrance from the controller to which the personal data has been provided, where
In exercising this right, you shall also have the right to have your personal data transmitted directly from NetDebit GmbH to another controller, where technically feasible. Exercising this right shall not impair the freedoms and rights of other people.
The right to data portability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
You shall have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data which is based on Article 6 (1) (e) or (f) GDPR, including profiling based on those provisions.
NetDebit GmbH shall no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing is for the establishment, exercise or defence of legal claims.
You have the right to withdraw your consent under the data protection law at any time. Withdrawing your consent does not affect the lawfulness of processing based on consent before its withdrawal.
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision
Nonetheless, these decisions may not be based on special categories of personal data referred to in Article 9 (1) GDPR, unless Article 9 (2) (a) or (g) GDPR applies and suitable measures to safeguard the your rights and freedoms and legitimate interests are in place.
In the cases referred to in points aa) and cc), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.
NetDebit GmbH in some instances automates the use of your data in order to assess specific personal aspects (profiling). We use scoring within our assessment of your credit rating. This calculates the probability with which a company does not intend from the outset to comply with its contractual payment obligations. The calculation considers, for instance, the alignment of location and post code, circumstances where a country is considered to have a high fraud risk, the location of the IP-address, the accuracy of the postal address specified by the company, etc. The scoring is based on a recognised mathematical-statistical and proven process. The computed scores support us in our decision-making when concluding contracts. If we reject a conclusion of a contract, then the company concerned has the option to present its own point of view and contest the decision.
Last amended: 02/09/2020