Datenschutz - Golf-Entfernungsmesser.de

Data protection

Personal data (hereinafter mostly referred to as "data") is processed by us only within the scope of necessity and for the purpose of providing a functional and user-friendly Internet presence, including its contents and the services offered there.

Pursuant to Art. 4 (1). of Regulation (EU) 2016/679, i.e. the Basic Data Protection Regulation (hereinafter referred to as the "DSGVO"), "processing" means any operation or set of operations which is carried out with or without the aid of automated procedures and involves personal data, such as collection, recording, organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, comparison or any other form of making available, linking, limiting, deleting or destruction.

With the following data protection declaration we inform you in particular about type, extent, purpose, duration and legal basis of the processing of personal data, as far as we decide either alone or together with others about the purposes and means of the processing. In addition, we will inform you below about the third-party components used by us for optimisation purposes and to increase the quality of use, insofar as third parties process data on their own responsibility.

Our privacy policy is structured as follows:

I. Information about us as responsible persons
II. rights of users and data subjects
III. Information on data processing

I. Information about us as responsible persons

Responsible provider of this website in the sense of data protection:

II. rights of users and data subjects

With regard to the data processing described in more detail below, users and data subjects have the right to

confirmation as to whether data relating to them will be processed, information on the data processed, further information on the data processing and copies of the data (cf. also Art. 15 DSGVO);
to correct or complete inaccurate or incomplete data (cf. also Art. 16 DSGVO);
to the immediate deletion of the data concerning them (cf. also Art. 17 DSGVO) or, alternatively, if further processing is required pursuant to Art. 17 para. 3 DSGVO, to the restriction of processing pursuant to Art. 18 DSGVO;
to receive the data concerning them and provided by them and to transmit these data to other providers/responsible persons (cf. also Art. 20 DSGVO);
on complaint to the supervisory authority if they are of the opinion that the data concerning them are being processed by the provider in breach of data protection provisions (cf. also Art. 77 DSGVO).

In addition, the provider is obliged to inform all recipients to whom data have been disclosed by the provider of any rectification or deletion of data or of the restriction of processing which takes place pursuant to Articles 16, 17 para. 1, 18 DSGVO. However, this obligation does not exist if this notification is impossible or involves disproportionate effort. Irrespective of this, the user has a right to information about these recipients.

Users and data subjects also have the right under Art. 21 DSGVO to object to the future processing of data concerning them, provided that the data are processed by the provider in accordance with Art. 6 para. 1 lit. f) DSGVO. In particular, an objection to data processing for the purpose of direct marketing is admissible.

III. Information on data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose of storage no longer applies, the deletion of the data is not opposed by any legal storage obligations and no other information on individual processing methods is subsequently provided.

server data

For technical reasons, in particular to ensure a secure and stable Internet presence, data is transmitted to us or to our web space provider via your Internet browser. With these so-called server log files, the type and version of your Internet browser, the operating system, the website from which you switched to our Internet presence (referrer URL), the website(s) of our Internet presence that you visit, the date and time of the respective access and the IP address of the Internet connection from which the use of our Internet presence takes place are collected.

These data collected in this way are temporarily stored, but not together with other data from you. This storage takes place on the legal basis of Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the improvement, stability, functionality and security of our Internet presence.

The data will be deleted after seven days at the latest, unless further storage is necessary for evidence purposes. Otherwise, the data shall be wholly or partially excluded from erasure until the incident has been finally resolved.

cookies

a) Session cookies/session cookies

We use so-called cookies with our Internet presence. Cookies are small text files or other storage technologies that are stored on your end device by the Internet browser you use. These cookies process certain information from you to an individual extent, such as your browser or location data or your IP address.

This processing makes our Internet presence more user-friendly, more effective and safer, as the processing enables, for example, the reproduction of our Internet presence in different languages or the offer of a shopping basket function.

The legal basis for this processing is Art. 6 Para. 1 lit. b.) DSGVO, insofar as these cookies are used to process data for contract initiation or contract execution.

If the processing does not serve the contract initiation or contract execution, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 para. 1 lit. f) DSGVO.

These session cookies are deleted when you close your Internet browser.

b) Third-party cookies

If necessary, cookies from partner companies with whom we cooperate for the purpose of advertising, analysis or the functionalities of our Internet presence may also be used with our Internet presence.

Please refer to the following information for details, in particular on the purposes and legal basis for processing such third-party cookies.

(c) Possibility of disposal

You can prevent or restrict the installation of cookies by setting your Internet browser. You can also delete cookies that have already been saved at any time. However, the steps and measures required for this depend on the Internet browser you are using. If you have any questions, please use the help function or documentation of your Internet browser or contact its manufacturer or support. In the case of so-called flash cookies, however, processing cannot be prevented via the browser settings. Instead, you need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash Player you are using. If you have any questions, please also use the help function or documentation of your Flash player or contact the manufacturer or user support.

Should you prevent or restrict the installation of cookies, this may, however, result in not all functions of our website being fully usable.

Under the following links you can find out how to manage cookies in the most important browsers (including how to deactivate them):
Chrome: https://support.google.com/accounts/answer/61416?hl=de
IE: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac

Customer account / registration function

If you create a customer account with us via our Internet presence, we will collect and store the data entered by you during registration (e.g. your name, address or e-mail address) exclusively for pre-contractual services, for contract performance or for the purpose of customer care (e.g. to provide you with an overview of your previous orders with us or to be able to offer you the so-called memo function). At the same time we store the IP address and the date of your registration together with the time. Of course, this data will not be passed on to third parties.

As part of the further registration process, your consent to this processing will be obtained and reference will be made to this data protection declaration. The data collected by us will be used exclusively for the provision of the customer account. If you consent to this processing, Art. 6 para. 1 lit. a) DSGVO is the legal basis for the processing.

If the opening of the customer account also serves pre-contractual measures or the fulfilment of the contract, the legal basis for this processing is also Art. 6 para. 1 lit. b) DSGVO. You may revoke your consent to the opening and maintenance of your customer account at any time with effect for the future in accordance with Art. 7 para. 3 DSGVO. For this you must inform us only about your revocation.

The data collected in this respect will be deleted as soon as processing is no longer necessary. In doing so, however, we must observe tax and commercial law retention periods.

If you register for our free newsletter, the data requested from you for this purpose, i.e. your e-mail address and - optionally - your name and address, will be transmitted to us. At the same time, we store the IP address of the Internet connection from which you access our website as well as the date and time of your registration. As part of the further registration process, we will obtain your consent to the sending of the newsletter, specifically describe the content and refer to this privacy statement. We use the collected data exclusively for the newsletter dispatch - they are therefore not passed on to third parties. The legal basis is Art. 6 para. 1 lit. a) DSGVO.

In accordance with Art. 7 para. 3 DSGVO, you may revoke your consent to receive the newsletter at any time with effect for the future. All you have to do is inform us of your revocation or click on the unsubscribe link contained in each newsletter.

Contact enquiries / Contact possibility

If you contact us via contact form or e-mail, the data you provide will be used to process your enquiry. The data must be provided in order to process and respond to your enquiry - we cannot answer your enquiry without providing it, or only to a limited extent if necessary. The legal basis for this processing is Art. 6 (1) (b) DSGVO.

Your data will be deleted if your request has been answered conclusively and if there are no legal obligations to retain data to prevent deletion, such as for example in the case of any subsequent processing of a contract.

User contributions, comments and ratings

We offer you the opportunity to publish questions, answers, opinions or evaluations, hereinafter referred to as "contributions", on our website. If you make use of this offer, we will process and publish your contribution, date and time of submission as well as the pseudonym you may use. The legal basis is Art. 6 para. 1 lit. a) DSGVO. You may revoke your consent at any time with effect for the future in accordance with Art. 7 para. 3 DSGVO. For this you must inform us only about your revocation.

In addition, we also process your IP and e-mail address. The IP address is processed because we have a legitimate interest in initiating or supporting further steps if your contribution infringes the rights of third parties and/or is otherwise illegal. The legal basis in this case is Art. 6 (1) (f) DSGVO. Our legitimate interest lies in any necessary legal defence.

Subscription of articles

If you publish contributions on our Internet pages, we offer you the additional option of subscribing to any subsequent contributions from third parties. In order to be able to inform you about these follow-up contributions by e-mail, we process your e-mail address.

The legal basis is Art. 6 para. 1 lit. a) DSGVO. You may revoke your consent to this subscription at any time with effect for the future in accordance with Art. 7 para. 3 DSGVO. All you have to do is inform us of your revocation or activate the unsubscribe link contained in the respective e-mail.

Google Analytics

We use Google Analytics on our website. This is a web analysis service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that the data protection requirements of the EU will also be complied with when processing data in the USA.

The Google Analytics service is used to analyze the usage behavior of our Internet presence. The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the analysis, optimisation and economic operation of our Internet presence.

Usage and user-related information, such as IP address, location, time or frequency of visits to our website, are transferred to a Google server in the USA and stored there. However, we use Google Analytics with the so-called anonymization function. With this function, Google shortens the IP address already within the EU or EEA.

The data collected in this way is in turn used by Google to provide us with an evaluation of the visit to our website and the usage activities there. This data may also be used to provide other services related to the use of our website and the use of the Internet.

Google indicates that it will not associate your IP address with any other data. In addition, Google keeps under

https://www.google.com/intl/de/policies/privacy/partners

will provide you with further data protection information, e.g. on the possibilities of preventing the use of data. In addition Google offers under

https://tools.google.com/dlpage/gaoptout?hl=de

a so-called deactivation add-on together with further information. This add-on can be installed with standard Internet browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs the JavaScript (ga.js) of Google Analytics that information on visiting our website should not be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analysis services. Whether and which other web analysis services are used by us is of course also explained in this data protection declaration.

Google Maps

On our website we use Google Maps to display our location and to create a route description. This service is provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that the data protection requirements of the EU will also be complied with when processing data in the USA.

In order to enable the display of certain fonts on our website, a connection to the Google server in the USA is established when our website is called up.

If you call up the component Google Maps integrated in our Internet presence, Google stores a cookie on your terminal device via your Internet browser. Your user settings and data are processed in order to display our location and create a route description. Here we cannot exclude that Google server in the USA uses.

The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in optimizing the functionality of our Internet presence.

The connection to Google established in this way enables Google to determine which website has sent your enquiry and to which IP address the route description is to be sent.

If you do not agree with this processing, you have the possibility to prevent the installation of cookies by the appropriate settings in your Internet browser. Details can be found above under "Cookies".

In addition, the use of Google Maps as well as the information obtained via Google Maps is carried out according to the Google Terms of Use https://policies.google.com/terms?gl=DE&hl=de and the Terms and Conditions for Google Maps https://www.google.com/intl/de_de/help/terms_maps.html.

Google also offers the following services at

https://adssettings.google.com/authenticated

https://policies.google.com/privacy

for further information.

Google Fonts

On our website we use Google Fonts to display external fonts. This service is provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that the data protection requirements of the EU will also be complied with when processing data in the USA.

In order to enable the display of certain fonts on our website, a connection to the Google server in the USA is established when our website is called up.

The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the optimisation and economic operation of our Internet presence.

Through the connection to Google established when calling up our website, Google can determine from which website your enquiry was sent and to which IP address the representation of the font is to be transmitted.

Google offers

https://adssettings.google.com/authenticated

https://policies.google.com/privacy

Further information, in particular on the possibilities of preventing the use of data.

"Facebook Social Plug-in

In our internet presence we use the plug-in of the social network Facebook. Facebook is an internet service of facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. In the EU, this service is operated by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, hereinafter referred to as "Facebook".

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active

Facebook guarantees that the data protection requirements of the EU will also be complied with when processing data in the USA.

The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in improving the quality of our Internet presence.

Further information about the possible plug-ins and their respective functions can be found on Facebook at

https://developers.facebook.com/docs/plugins/

ready for you.

If the plug-in is stored on one of the pages of our website you have visited, your Internet browser downloads a representation of the plug-in from the Facebook servers in the USA. For technical reasons, it is necessary for Facebook to process your IP address. In addition, however, the date and time of the visit to our Internet pages are also recorded.

If you are logged in to Facebook while visiting one of our plug-ins, the information collected by the plug-in about your specific visit to Facebook will be recognized. Facebook may assign the information it collects to your personal user account there. If, for example, you use the "Like" button on Facebook, this information is stored in your Facebook user account and may be published via the Facebook platform. If you want to prevent this, you must either log out of Facebook before visiting our website or prevent the loading of the Facebook plug-in from being blocked by using an add-on for your Internet browser.

Further information about the collection and use of data as well as your rights and protection options in this regard can be found in the Facebook website at

https://www.facebook.com/policy.php

data protection information that can be called up.

Using Facebook Remarketing

On our website we use the remarketing function "Custom Audiences" of Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA; "Facebook").
This function serves the purpose of targeting the visitors of the website with interest-related advertising in the social network Facebook.
The remarketing tag of Facebook was implemented on the website for this purpose. This tag establishes a direct connection to the Facebook servers when you visit the website. This will tell the Facebook server which of our pages you have visited. Facebook associates this information with your personal Facebook user account. When you visit the social network Facebook, you will see personalized, interest-based Facebook ads. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO for the legitimate interest in the above-mentioned purpose.

For reasons arising from your particular situation, you have the right at any time to object to this processing of your personal data based on Art. 6 (1) f DSGVO.

For more information about Facebook's collection and use of information, your rights in this regard, and how Facebook can protect your privacy, please see Facebook's Privacy Notice at https://www.facebook.com/about/privacy/.

"Twitter social plug-in

In our internet presence we use the plug-in of the social network Twitter. Twitter is an Internet service of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA, hereinafter referred to as "Twitter".

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active

Twitter guarantees that the EU's data protection requirements will also be complied with when processing data in the USA.

The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in improving the quality of our Internet presence.

If the plug-in is stored on one of the pages of our website you have visited, your Internet browser downloads a display of the plug-in from the Twitter servers in the USA. For technical reasons, it is necessary for Twitter to process your IP address. In addition, however, the date and time of the visit to our Internet pages are also recorded.

If you are logged in to Twitter while visiting one of our plug-ins, the information collected by the plug-in about your specific visit will be recognized by Twitter. Twitter may assign the information collected in this way to your personal user account there. For example, if you use the "Share" button on Twitter, this information is stored in your Twitter user account and may be published on the Twitter platform. If you wish to prevent this, you must either log out of Twitter before visiting our website or make the appropriate settings in your Twitter user account.

Further information about the collection and use of data as well as your rights and protection options in this regard can be found on Twitter in the

https://twitter.com/privacy

data protection information that can be called up.

YouTube

In our internet presence we use YouTube. This is a video portal of YouTube LLC, 901 Cherry Ave, 94066 San Bruno, CA, USA, hereinafter referred to as "YouTube".

YouTube is a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google and its subsidiary YouTube guarantee that the data protection requirements of the EU will also be complied with when processing data in the USA.

We use YouTube in conjunction with the Advanced Privacy Mode feature to display videos to you. The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in improving the quality of our Internet presence. According to YouTube, the function "Extended data protection mode" means that the data described in more detail below will only be transmitted to YouTube's server if you actually start a video.

Without this "Extended Privacy Policy", a connection will be established to YouTube's server in the United States as soon as you access one of our web pages that embeds a YouTube video.

This connection is necessary in order to be able to display the respective video on our website via your Internet browser. In the course of this YouTube will at least record and process your IP address, the date and time as well as the website you visited. It also connects to Google's DoubleClick advertising network.

If you are logged in to YouTube at the same time, YouTube will assign the connection information to your YouTube account. If you wish to prevent this, you must either log out of YouTube before visiting our website or make the appropriate settings in your YouTube user account.

YouTube permanently stores cookies on your terminal device via your Internet browser for the purpose of functionality and analysis of user behaviour. If you do not agree with this processing, you have the possibility to prevent the storage of cookies by a setting in your Internet browser. You can find more information about this above under "Cookies".

Further information about the collection and use of data as well as your rights and protection options in this regard is held by Google in the privacy policy section of this website.

https://policies.google.com/privacy

data protection information that can be called up.

Google AdWords with Conversion Tracking

In our internet presence we use the advertising component Google AdWords and the so-called conversion tracking. This service is provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that the data protection requirements of the EU will also be complied with when processing data in the USA.

We use conversion tracking for targeted advertising of our services. The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the analysis, optimisation and economic operation of our Internet presence.

If you click on an advertisement placed by Google, the conversion tracking we use saves a cookie on your terminal device. These so-called conversion cookies lose their validity after 30 days and do not serve your personal identification.

If the cookie is still valid and you visit a certain page of our website, both we and Google can evaluate that you have clicked on one of our ads placed with Google and that you have subsequently been forwarded to our website.

Google uses the information collected in this way to compile statistics on visits to our website. It also provides us with information about the number of users who clicked on our ad(s) and the pages of our website that were subsequently accessed. Neither we nor third parties who also use Google AdWords will be able to identify you in this way.

You can also prevent or restrict the installation of cookies by making the appropriate settings in your Internet browser. At the same time, you can delete cookies that have already been saved at any time. However, the steps and measures required for this depend on the Internet browser you are using. If you have any questions, please use the help function or documentation of your Internet browser or contact its manufacturer or support.

Google also offers the following services under

https://services.google.com/sitestats/de.html

http://www.google.com/policies/technologies/ads/

http://www.google.de/policies/privacy/

offers further information on this topic and in particular on the possibilities of preventing the use of data.

Google AdSense

In our internet presence we use Google AdSense for the integration of advertisements. This service is provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that the data protection requirements of the EU will also be complied with when processing data in the USA.

Google AdSense stores cookies and so-called web beacons on your end device via your Internet browser. This enables Google to analyse your use of our website. The information collected in this way is transferred to Google in the USA in addition to your IP address and the advertising formats displayed to you and stored there. Google may also disclose this information to contractors. However, Google declares that your IP address will not be merged with other data about you.

The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the analysis, optimisation and economic operation of our Internet presence.

In addition Google offers under

https://policies.google.com/privacy

https://adssettings.google.com/authenticated

Further information, in particular on the possibilities of preventing the use of data.

Google Remarketing or "Similar Target Groups" Component from Google

In our internet presence we use the remarketing or "similar target group" function. This service is provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that the data protection requirements of the EU will also be complied with when processing data in the USA.

We use this feature to serve interest-based, personalized advertisements on third-party websites that also participate in Google's advertising network.

The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the analysis, optimisation and economic operation of our Internet presence.

To enable this advertising service, Google stores a cookie with a sequence of numbers on your terminal device during your visit to our website via your Internet browser. This cookie records both your visit and the use of our website in anonymous form. However, personal data will not be passed on. If you subsequently visit the website of a third party who also uses Google's advertising network, it is possible that advertisements may appear which relate to our website or to our offers there.

To permanently disable this feature, Google offers for the most popular Internet browsers via

https://www.google.com/settings/ads/plugin

a browser plugin.

The use of cookies by certain providers, e.g. via the Internet, is also possible.

http://www.youronlinechoices.com/uk/your-ad-choices

http://www.networkadvertising.org/choices/

can be deactivated by opt-out.

Through the so-called cross-device marketing Google may be able to track your usage patterns across multiple devices, so you may receive interest-based, personalized advertising even when you switch devices. However, this requires that you have agreed to link your browser history to your existing Google Account.

Google offers further information on Google Remarketing at

http://www.google.com/privacy/ads/

on.

encoding

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Affiliate Links/Advertising Links

The links marked with an asterisk (*) are so-called affiliate links. If you click on such an affiliate link and buy through this link, I get a commission from the relevant online shop or provider. For you, the price doesn't change.

Amazon Affiliate Program

The site is a member of the Amazon EU Affiliate Program, designed to provide a medium for websites through which to place advertisements and links to [please insert here the appropriate name of the website (Amazon.co.uk / Local.Amazon.co.uk / Amazon.de / de.BuyVIP.com / Amazon.fr / Amazon.it / it.BuyVIP.com / Amazon.es / es.BuyVIP.com )]. advertising reimbursement can be earned. Amazon uses cookies to track the origin of orders. Among other things, Amazon may recognize that you have clicked the affiliate link on this website. For more information about Amazon's use of data, please see the company's privacy statement:

http://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401

Right of appeal to the supervisory authority

Pursuant to Art. 77 DSGVO, you have the right to complain to the supervisory authority if you are of the opinion that the processing of your personal data is not lawful.