Effective Date: 07.02.2011
2 What is personal data?
3 Nature, scope and purpose of the data processing on MyHammer
5 Passing on personal data to third parties / hecking your address and creditworthiness
6 Consent / Withdrawal of consent
7 Data Protection officer and the right to information
When you visit and use the MyHammer website, depending on the type of use, various items of information regarding your PC or any other device such as a Smart phone you are using MyHammer with (hereinafter: your “System”), your personal details and your usage will be transmitted to MY-HAMMER AG.
For the purposes of this policy Personal data is information about a living individual who can be identified from that data and any other data in the possession of, or likely came into the possession of, the data controller, which in this case is Us.
If you visit the MyHammer website without prior registration or logging-in, we only gather the information necessary to allow you to open the web pages you have requested on your computer. We also acquire some data to improve the security and efficiency of MyHammer and data that we are required to collect by law. The data collected for the purposes mentioned above include the IP address allocated to your computer, the name and URL of the file requested, and the time of the request. These allow identification, but are stored only for as long as we need them for technical purposes or for a special reason, e.g. to provide evidence of improper or illicit use or as required by law.
You do not have to register until you want to view or enter Enquiries via MyHammer or participate in Quotation Procedures, or if you would like to take part in competitions offered by MyHammer. The system then asks for various data required to carry out the Quotation Procedures, for the Membership Agreement, or to participate in Quotation Procedures and/or competitions (for example to determine the winner and send the prize). Such data includes your name, address, email address and mobile number. We also store a Member profile and payment information for paying the Fees for Use. Finally, details of the type and content of the Quotation Procedures in which you have participated as the Customer or Bidder are stored. We use the information you provide us to create your account, allow you to find a tradesman, reliable builder, create a client base, generate quotes, observe jobs, keep jobs on your radar, and interact with other users of the site. The mobile phone number collected during registration to verify the Member’s account is used exclusively for this purpose and not used for advertising purposes.
Depending on your use of certain features of MyHammer we may additionally also ask you to provide the following data:
If you wish to post a job on the site we will ask for certain information such as Job title, Description, Town or City where the job is located, and registration information (such as email address and password) so that users are able to contact you regarding the job you have posted.
Once you have submitted your Company information you will be placed in our directory to make it easier for other users of the site to find you when they search for certain industries. If you no longer wish to be a part of our directory you should delete your account.
If you use the Guide, Blogs, or Forum on our site, you should be aware that any personally identifiable information you submit there can be read, collected or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you submit while using these forums.
The information on your profile which may be viewed by other members of the site includes the following information: Company and Business information, Ratings, Qualifications, Memberships, Brochures, Flyers and Other Docs that you have uploaded, Contact information, and any other information you wish to share with users as well as References.
You have the ability to arrange a site visit or send a message to other users of the site. If you do so please be aware that any personally identifiable information you supply with them may be used to send you unsolicited messages. We are not responsible for any personally identifiable information you choose to submit within these private messages.
You have the ability to select the types of emails you wish to receive from the site. For instance you may choose to receive messages when a job is successfully posted, if a tradesman/service provider deletes a quote, etc. You may do so by logging into your account and selecting email settings.
In addition, we ask Members who are service providers for copies of the appropriate documents to verify individual details entered in the Member's profile, namely (1) with regard to the name and address data, the identity card of the proprietor or the other contact, and (2) confirmation of registration as a company, where applicable, (e.g. certificate of incorporation) or the proof of self-employed status, plus copies of any diploma, or comparable certificates or qualifications and evidence of membership of any trade or professional societies or associations. These documents are stored in electronic form on MyHammer for the duration of the Membership. We may also ask for your VAT number to verify that you are a licensed worker.
If you purchase certain features of service, we request certain personally identifiable information from you. You must provide contact information such as name, email address, and billing address and financial information such as credit card number and expiration date. You may delete your payment information at any time by deleting your account.
To improve its services on the internet, MyHammer draws up anonymised User profiles. Identification of individual Users is then not possible. You can object to the use of your data in this way at any time.
A cookie is a text file which a website or a web server sends to your browser to store on your system. It recognises your System, but not you personally.
MyHammer uses session cookies to recognise Members who have logged-in previously when they move around on the website. The only information stored in these cookies is that which enables us to detect whether your System is logged-in to MyHammer, and with which user name. This saves you from having to enter your log-in data repeatedly when using MyHammer. If desired, we also store the log-in data as a permanent cookie, so that MyHammer will recognise your System again, even after the browser has been shut down for a time, and allow you to access certain MyHammer functions without logging-in again (but submitting Quotations and other functions will or may require a new log-in). Using three further cookies, MyHammer collects statistical data. However, this will be absolutely anonymised. In detail, we are able to identify whether a User has visited the MyHammer website as a Customer or Contractor before. Any other statistical data will be collected by third party providers using so-called tracking cookies.
We do not link the information we store in cookies to any personally identifiable information you submit while on our site.
You can adjust your browser to tell you in advance when you receive a cookie, so that you can block the cookie if you want to. You can also completely block cookies via your browser. This may however mean that some pages of MyHammer will either not operate, or will only operate in a restricted manner.
When you log-off completely from MyHammer the session cookies and permanent cookies we have set are automatically deleted by your web browser, depending on its settings. If you close the web browser without having logged-off before, only the session cookie will be deleted. In contrast, a permanent cookie you have set will remain. Permanent cookies only work for one month, after which time they will be automatically deleted or become inactive in any case.
Clear Gifs (Web Beacons/Web Bugs): Our third party tracking utility company employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.
We will use your personal data ourselves or through associated firms only insofar as necessary to provide services on the internet, and to implement the Membership Agreement or as otherwise required or allowed by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
In addition to this, individual personal data is sent to third parties where necessary to carry out the Jobs placed via MyHammer and to enable Members to make use of MyHammer in accordance with the Membership Agreement or if another Member requests Contact Data (name, first name, address, phone number, e-mail address) by using the Contact Features provided by MyHammer for this purpose in accordance with the applicable provisions. Content placed on MyHammer, particularly Jobs including the description and the associated diagrams or other documents entered by the Customer, in the context of cooperation, (e.g. the MyHammer partner programme) are also published on third party websites via the Internet. The data transferred in this case is the content which can also be called up publicly on MyHammer; the data placed in the Member’s account or other personal data is not divulged.
MyHammer Members are only allowed, depending on the reason for the transmission, to use the personal data communicated to them exclusively for the purpose of participating in the Quotation Procedures, carrying out the Job or – in particular if Contact Features are used – for any other contacting expressly permitted to them. Any other persons who have received personal data are only allowed to use them for carrying out the services the data have been transmitted for. They may not use the data for their own promotional purposes.
To verify address data entered or to check the creditworthiness of our Users we also reserve the right to obtain information on the User through third parties. For this purpose, the information collected during registration including the name of the individual or the business, address and date of birth, if appropriate, are sent to a business credit agency or other credit reference agency to check the address and creditworthiness of the user in question. The credit agency is also required to protect the data. In the event of any breach of contract (e.g. termination for failure to pay, debt recovery proceedings or enforcing a judgment), we may also send personal data to the credit reference agency. In such case the data will only be transferred and stored to the extent necessary to protect our interests or the interests of the general public and providing that the User's interests which should be protected are not harmed. The User shall be expressly informed of the intended recipient of the data before it is transferred.
On granting your consent in the context of registration on MyHammer you make the following declaration:
I consent to MY-HAMMER AG making content which I have drawn up, such as descriptions of Jobs, Member ratings, entries to a forum, Enquiries or bids, publicly accessible.
I consent to MY-HAMMER AG using my personal data for its own marketing purposes (newsletter, vouchers, advertising, etc.) and for the purposes of quality assurance and improving the MyHammer service. Use for quality assurance and improvement purposes includes storing information on errors and problems which I encounter when using MyHammer in order to resolve them. When they have been successfully resolved the information shall be deleted or anonymised. (If you no longer wish to receive our newsletter and promotional communications, you may opt-out by following the instructions included in each newsletter or communication or by emailing us at firstname.lastname@example.org. You may also opt-out from receiving our newsletter by logging into your account and selecting email settings.)
I consent to MY-HAMMER AG contacting me by e-mail, telephone or by other methods for quality assurance and market research purposes and in particular for User surveys. However if this is entrusted to a third party, then before my contact data is passed on, my express consent to this shall be obtained, which I can refuse without stating reasons. If I refuse my consent, my contact data shall not be passed on to the third party."
You can withdraw the consent granted above for processing your data at any time with future effect. In addition you have a right, free of charge, to information about, correction or blocking of, and if appropriate deletion of, your stored data. Insofar as you voluntarily supplied the data and it is no longer needed to carry out Quotation Procedures or to implement the Membership Agreement or anything else, you can delete or update it yourself via your Member’s account. Insofar as it concerns information necessary to use MyHammer, this can only be deleted when the Membership Agreement is terminated as set out in our Terms and Conditions. For cancellation or other queries on deleting your data please contact us.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
The security of your personal information is important to us. When you enter sensitive information (such as credit card number and VAT Number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can email us at email@example.com or mail us at: MY-HAMMER Aktiengesellschaft, Mauerstraße 79, 10117 Berlin, Germany.