FAQ on postal advertising and personal data

Although this recommendation appears on some consumer advice center websites, you can save yourself this unnecessary expense.

If you would like to write to us by post, a simple letter or even a postcard will suffice. The post is usually delivered to us very reliably. However, the easiest and cheapest way is to send us an e-mail to datenschutz(at)az-direct.com.

According to Recital 64 of the General Data Protection Regulation (GDPR), we are obliged to clearly establish your identity. We therefore ask you to provide us with your full postal address. Only in this way can we clearly assign data to you and rule out personal mix-ups and the associated provision of information to an incorrect person with the same name.

According to Art. 12 para. 3 GDPR, the information must be provided immediately, but at the latest within one month. The one-month period may only be exceeded in justified exceptional cases.

We process all requests immediately in the chronological order in which they are received. As a rule, the processing time from this date is 1-2 weeks. In rare cases, however, it may take up to 4 weeks before you receive a reply.

Please note that we may only send you our reply by post, as we cannot clearly establish your identity when you send us an inquiry by email and sending it by email also involves technical uncertainties.

If you can prove your identity and accept the unencrypted transmission, communication is of course also possible by e-mail.

This may be for the following reasons:

• You have moved to another address in the meantime, but the entry in our advertising blocking file was only made for your old address.
• You have only recently been entered in our blacklist, but your address was already selected before the blocking date.
• Unfortunately, blocking your data no longer has any effect on databases that have already been selected or are currently being printed. Therefore, please note that this process will take effect with a time delay and that you may still receive advertising for a certain period of time despite the blocking of your data.

This may be due to the following reasons:

• You have moved to another address in the meantime, but the entry in our Robinson list was only made for your old address.
• You have not entered yourself in any of the official Robinson lists (DDV-Robinsonliste - DDV - Robinsonliste – Im Dienste des Verbraucherschutzes), but have used the offer of an “alternative” Robinson list from the Internet, in the context of which a fee was charged for entry. The entry in the official Robinson lists of the DDV (Deutscher Dialogmarketing Verband e.V.) and the I.D.I. (Interessenverband Deutsches Internet e.V.) used by us, on the other hand, is free of charge.
• You have only recently been entered in the Robinson list, but your address has already been selected (see also “Why am I still receiving advertising despite my data being blocked?”)

Of course, you can exercise your right under Article 17 GDPR “Right to erasure (right to be forgotten)”.

In this regard, however, we would like to point out that we would have no knowledge of your objection to advertising after deleting your data in the course of updating your address and that you could be contacted again for advertising purposes.

If no explicit request for deletion can be inferred from your request, if it is ambiguous in terms of content or if you primarily express that you no longer wish to receive advertising in future, we will block your data.

We receive address data for advertising purposes from various suppliers.

If your data is deleted, it will be completely removed and cannot be recovered. We will then no longer have the information that you do not wish to receive advertising. Subsequent requests for your data can then no longer be checked.

On the other hand, if your data is blocked, it will be retained but marked with a blocking indicator and may then only be processed for blocking purposes.

Such blocking can take place in our internal advertising blocking file and/or in one of the official Robinson files (DDV-Robinsonliste - DDV oder Robinsonliste – Im Dienste des Verbraucherschutzes), against which we check before sending an advertising letter (see also “How can I permanently prevent the receipt of postal advertising?”).

Therefore, not only we, but also the data protection supervisory authorities recommend blocking instead of deletion in order to avoid advertising.

In this regard, the guidance of the supervisory authorities on the processing of personal data for direct marketing purposes under the General Data Protection Regulation (GDPR) of February 2022 states under point 5.1 OH-Werbung_Februar 2022_final.pdf :

"For the implementation of the data subject's rights, in cases of doubt, the data subject must clarify what they wish to achieve with their declaration of consent. If the data subject only wishes to prevent further advertising by the company, the inclusion of their contact details in an advertising blocking file at this company may be the right way to take their wishes into account. Such advertising blocking files may be permissible on the basis of Art. 21 para. 3, Art. 6 para. 1 subpara. 1 lit. f GDPR in conjunction with Art. 17 para. 3 lit. b GDPR to take into account the advertising objections of data subjects to ensure compliance with the asserted legal claim. However, the prerequisite for this is processing for advertising purposes in accordance with Art. 6 para. 1 subpara. 1 lit. f GDPR. If the advertising use is only permitted on the basis of consent, the controller must ensure that consent is given in each individual case anyway. An advertising blocking file can therefore ultimately only be lawful if the processing to be prevented for advertising purposes is based on Art. 6 para. 1 subpara. 1 lit. f GDPR. The data subjects must also be informed about the meaning and purpose of the inclusion of their data in a blocking file in connection with the information (Art. 12 para. 3 GDPR) about the observance of their objection to advertising. If a data subject expressly and solely requests the deletion of all data from the advertising blocking file, they should be informed that they may receive advertising again. If the data subject wishes to object to advertising from all companies, an additional reference to the so-called Robinson lists of the advertising industry can be helpful for the data subject, see e.g. at www.ichhabediewahl.de. By making an entry in the Robinson list(s), the data subject can express their wish not to receive unsolicited advertising. The data stored by the data subject can then be used by reputable companies to check against their mailing or advertising lists in order to prevent unwanted advertising mailings etc. Since the comparison of companies with the Robinson list is voluntary and not mandatory in Germany, an entry in such a list cannot be understood as a guarantee against unsolicited advertising."

We process all requests, including deletion requests, in the order in which they are received, usually within 1-2 weeks (see also “When can I expect a response to my objection/request for information?”).

There are various standard deletion/retention periods for different circumstances, some of which are interpreted differently by the companies.

We only store your data for the period of time during which storage is necessary within the meaning of Art. 17 para. 1 lit. a GDPR. Every quarter we check whether your data - including pre-addresses - may still be stored. Your data will be deleted/blocked if this check shows that longer storage is no longer necessary.

If parts of your data are subject to statutory retention obligations, e.g. because they were the basis of invoices, we will store this information for a period of 6 (see Section 257 HGB) or 10 years (see Section 147 AO).

If you assert your data protection rights, we will process your data in accordance with the provisions of Articles 15, 16, 17, 18 and 21 GDPR. We store the correspondence conducted in this regard for a period of 3 years.

Addresses entered in our internal advertising blacklist are stored permanently so that we can ensure that we no longer use them for advertising campaigns. You can of course have your entry in our advertising blacklist deleted at any time via the communication channels listed under “How can I assert my rights as a data subject (blocking/deletion/correction of my data, information about my data)?”.

According to Article 17 GDPR “Right to erasure (right to be forgotten)”, the obligation to erase must be complied with immediately if the data is no longer necessary for the purposes for which it was collected or processed, the processing of the data is based on consent given by the applicant, but this consent has been withdrawn and there are no other reasons that justify processing. Furthermore, a request for erasure or the obligation to erase must be complied with if the applicant has objected to the data processing (Art. 21 GDPR) or the data processing is unlawful or there is no other right to process the data.

We store the data protection correspondence with you for a period of 3 years on the basis of Art. 6 para. 1 lit. c in conjunction with Art. 5 para. 2 and Art. 6 para. 1 lit. f GDPR. The processing is carried out in order to meet our accountability obligation pursuant to Art. 5 para. 2 GDPR and for legal defense and enforcement. After a period of 3 years, the correspondence will be deleted in accordance with data protection regulations without any action on your part being required.

A request for erasure does not have to be complied with in every case. For example, there is no deletion obligation if the processing of the data is necessary to fulfill a legal obligation. This is the case, for example, with data protection correspondence conducted with us. We store this for a period of 3 years and then delete it completely automatically (see also “How long is the data protection correspondence I have with you stored for?”)

We will be happy to send you a data protection information sheet containing all the information we have stored about you. As a rule, this is only your address data (first and last name, address) as well as information on its origin and possible disclosure.

Yes, the data protection information we provide is free of charge.

In the case of particularly excessive requests (e.g. frequent repetition of the request), we comply with Art. 12 para. 5 sentence 2 GDPR.

It states: “In the case of manifestly unfounded or, in particular in the case of frequent repetition, excessive requests by a data subject, the controller may either a) charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or b) refuse to act on the request.”

There is no one-size-fits-all answer to this, it depends on the individual circumstances:

• You have been entered in our advertising blocking file or the Robinson file: In this case, there is no change to your data, any further data protection information would be identical in content to the previous one.
• You have had your data deleted: As there is a possibility that, after deletion, we may receive your personal data again from another supplier, you are welcome to ask us to provide you with data protection information on a regular basis, e.g. annually
• You would like to continue receiving advertising, but would like to know from time to time what we have stored about you: You are welcome to ask us to provide you with new data protection information (some people request this from us every three years, for example).
• In this context, please bear in mind that we generally do not store a lot of data and that changes are almost always very minor.

Every natural person of legal age has the right to request data protection information from us. If you have received advertising from us or would like to know whether we have stored any personal data about you, you are welcome to contact us with a request for information.

However, we can only provide information to the person making the request. If you request information about another person, you must provide us with written proof of authorization to do so.

With the death of a person, the right to information under the GDPR also expires. The GDPR does not cover the personal data of deceased persons (Article 27 sentence 1 GDPR).

This means that even heirs cannot assert this claim. However, we will be happy to block the data record of the deceased person in order to prevent future advertising contact.

Your data is stored and processed in our ISO27001 - certified data center Arvato Systems GmbH. Arvato Systems GmbH even exceeds the requirements of this ISO standard and sets market-leading security standards.

We have also introduced our own information security management system (ISMS), which is also ISO27001-certified.

We also meet the strict requirements of the quality and performance seal of the DDV (Deutscher Dialogmarketing Verband e.V.).

In addition, we have extensive and thoroughly tested technical and organizational measures in place to ensure the security of your data processing.

Within our company, those departments that require your data to fulfill our contractual and legal obligations will have access to it. Recipients in relation to our processing are exclusively our contractual partners. These are, in particular, advertising companies and processors, such as lettershops and service providers in the dialog marketing and debt collection sector. These are mainly mail order and e-commerce companies, telecommunications and insurance companies, financial service providers (e.g. banks, credit card providers), debt collection companies, energy supply and service companies.

We use processors commissioned by us (e.g. lettershops, data centers) in accordance with instructions. Our processors only have access to your data to the extent and for the period of time required to provide the contractually agreed services.

The advertising addressed to you was usually sent as part of the so-called lettershop process. In the lettershop procedure, no data is transferred to the advertising company. Instead, our processor, the lettershop, IT processor or broker used in each case, is the recipient of your address data. The advertising company only receives personal data if you contact the advertising company yourself (e.g. initiate a donation or order goods). The task of the processors used is to prepare and print your address. Our processors use your address exclusively for this purpose and delete the data record in accordance with contractual instructions.

After the advertising has been sent, your data is therefore only stored by the address owner and possibly downstream by the advertiser if you have made contact with the latter in the form of a donation or purchase as a result of the advertising received.

We and our customers naturally want to avoid writing to people who are already deceased. However, this cannot be avoided 100%. In Germany, there is no central register or similar for deceased persons. Although we use all available data sources - including those for which a charge is made - to exclude deceased persons from advertising mailings, it can happen that a data supplier provides an address of a deceased person that is not stored in these “deceased person databases”. These are almost always recently deceased persons. However, there are also exceptions in cases where deceased persons are still listed somewhere digitally, e.g. as subscribers, in the telephone directory or as former customers/prospects. However, these are very rare individual cases.

We process your data for the purpose of direct mail on the basis of Art. 6 para. 1 lit. f GDPR in conjunction with recital 47 GDPR.

Accordingly, the processing of addresses for advertising purposes is permitted if you have consented to this or if this is necessary to protect our legitimate interests or those of a third party, unless your interests or fundamental rights and freedoms, which require the protection of personal data, prevail.

The processing of personal data for the purposes of direct marketing is considered to be processing for the purposes of a legitimate interest in accordance with Recital 47 GDPR.

Further information and rulings can be found at

https://www.ddv.de/datenschutz-im-dialogmarketing-interessenabwaegung-als-rechtliche-basis.html

https://www.ldi.nrw.de/system/files/media/document/file/28_datenschutzbericht_2023_ldi-nrw_1.pdf

https://www.nbs-partners.de/neuigkeiten/das-olg-stuttgart-zu-briefwerbung/

We process your data on the basis of Art. 6 para. 1 lit. f GDPR (see also “What is the legal basis for processing my data for advertising purposes?”).

Accordingly, the processing of addresses for advertising purposes is permitted if you have consented to this or if this is necessary to protect our legitimate interests or those of a third party, unless your interests or fundamental rights and freedoms, which require the protection of personal data, prevail (balancing of interests).

According to Recital 47 GDPR, the processing of personal data for the purpose of direct marketing can be considered a legitimate interest.

In the context of direct marketing by post, another legal basis for the processing of your data, the so-called legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR, therefore applies instead of consent pursuant to Art. 6 para. 1 lit. a GDPR.

This is confirmed in recent rulings and also by the supervisory authorities, see e.g.

https://www.lda.bayern.de/de/faq.html

Postal advertising, i.e. the addressed letter, is an effective marketing tool for acquiring new customers and drawing attention to product innovations. Its tactile quality attracts greater attention, the interested parties are addressed personally and it often contains a specific offer. In addition, sending out postal advertising is an attempt to minimize the so-called scatter loss and only write to the appropriate target group.

Postal advertising is a particularly popular form of advertising among the older population. Advertising letters are often viewed by more than one person in the household, kept for longer and viewed several times.

The German Dialog Marketing Association, to which we belong, has committed its members in its code of honor to comply with various requirements to protect the environment.

The focus is on the use of environmentally friendly paper and packaging materials and on minimizing waste and surpluses within the production processes. The aim, if only for reasons of economy, is to avoid any unnecessary impact on the environment.

Proof of compliance with sustainability requirements is a very important aspect in terms of the acceptance of advertising in paper form. The environmental concept and the associated conversion of processes is now also an important part of corporate competition.

When sending out postal advertising, the upstream marketing selection also ensures that wastage is kept to a minimum and only the appropriate target group is addressed (see also “Why do I receive postal advertising even though I have not requested any information?”).