This data protection declaration informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as "online offer"). With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Hemmy Garcia, Welfenallee 6 in 13465 Berlin ( firstname.lastname@example.org - 030 40107774 )
Data Protection Officer:
Hemmy Garcia ( email@example.com )
Types of data processed:
- Inventory data (e.g., names, addresses).
- Contact information (e.g., email, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Contract data (e.g., subject matter of the contract, term, customer category).
- Payment data (e.g., bank details, payment history).
- Usage data (e.g., web pages visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Processing of special categories of data (Art. 9(1) GDPR):
No special categories of data are processed.
Categories of persons concerned by the processing:
- Visitors and users of the online offer.
In the following, we also refer to the persons concerned collectively as "users".
Purpose of processing:
- Provision of the online offer, its contents and store functions.
- Provision of contractual services, service and customer care.
- Respond to contact requests and communicate with users.
- Marketing, advertising and market research.
- Safety measures.
Status: 03 / 2019
1. terms used
1.1 "Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2 "Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and includes virtually any handling of data.
1.3 "Controller" 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.
2. relevant legal bases
4. security measures
4.1 We take appropriate measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, appropriate technical and organizational measures to ensure a level of protection appropriate to the risk; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access concerning them, input, disclosure, ensuring availability and their separation. Furthermore, we have established procedures to ensure the exercise of data subjects' rights, deletion of data, and response to data compromise. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Article 25 of the GDPR).
4.2 The security measures include in particular the encrypted transmission of data between your browser and our server.
5. disclosure and transmission of data
5.1 If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this shall only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is required pursuant to Art. 6 para. 1 lit. b DSGVO is required for the performance of a contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual obligations, administrative tasks and duties).
5.2 If we commission third parties with the processing of data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 DSGVO.
6. transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection that corresponds to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
7. rights of the data subjects
7.1 You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 DSGVO.
7.2 You have the right according to. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
7.3 In accordance with Article 17 of the GDPR, you have the right to demand that the data in question be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the GDPR.
7.4 You have the right to request to receive the data concerning you that you have provided to us in accordance with Article 20 of the GDPR and to request their transfer to other data controllers.
7.5 You also have the right to file a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.
8. right of withdrawal
You have the right to revoke given consents according to Art. 7 para. 3 DSGVO with effect for the future.
9. information about your right to object according to Art. 21 DSGVO
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you carried out on the basis of Article 6(1)(e) DSGVO (data processing in the public interest) and Article 6(1)(f) DSGVO (data processing on the basis of a balance of interests); this also applies to Article 4(4) DSGVO profiling based on this provision.
If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If your objection is directed against the processing of data for the purpose of direct marketing, we will immediately stop the processing. In this case, it is not necessary to specify a particular situation. This also applies to profiling, insofar as it is related to such direct advertising.
If you wish to exercise your right to object, simply send an e-mail to firstname.lastname@example.org.
10. cookies and right to object to direct advertising
10.1 "Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie may store, for example, the contents of a shopping cart in an online store or a login status. Cookies that remain stored even after the browser is closed are referred to as "permanent" or "persistent". For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies" are cookies from providers other than the responsible party that operates the online offer (otherwise, if it is only its cookies, it is called "first-party cookies").
If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
11. deletion of data
11.1 The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
11.2 Germany: In accordance with legal requirements, storage takes place in particular for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
11.3 Austria: In accordance with legal requirements, storage is carried out in particular for 7 years in accordance with Section 132 (1) BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.) for 10 years in the case of documents relating to electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
12. order processing in the online store and customer account
12.1 We process the data of our customers in the context of the order processes in our online store to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
12.2 The processed data includes inventory data, communication data, contract data, payment data and the data subjects are our customers, prospective customers and other business partners. The processing is carried out for the purpose of providing contractual services in the context of the operation of an online store, billing, delivery and customer services. Here, we use session cookies for storing the shopping cart content and permanent cookies for storing the login status.
12.3 The processing is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfillment of the contract. We disclose the data to third parties only in the context of delivery, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfillment of the contract (e.g. at the request of the customer for delivery or payment).
12.4 Users can optionally create a user account, in which they can view their orders in particular. As part of the registration, the required mandatory information will be provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c DSGVO. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.
12.5 Within the scope of registration and renewed registrations as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against abuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c DSGVO.
12.6 Deletion shall take place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data shall be reviewed every three years; in the case of statutory archiving obligations, deletion shall take place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account shall remain until it is deleted.
15. contact and customer service
15.1 When contacting us (via contact form or e-mail), the user's details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 para. 1 lit. b) DSGVO.
15.2 User's information may be stored in our Customer Relationship Management System ("CRM System") or comparable inquiry organization.
15.3 We delete the requests if they are no longer necessary. We review the necessity on a regular basis. We store inquiries from customers who have a customer account until you request the deletion of your customer account. Furthermore, the statutory archiving obligations apply.
16. collection of access data and log files
16.1 We collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO, we collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
16.2 Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident.
17. online presences in social media
17.1 We maintain online presences within social networks and platforms on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO, we maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.
23. jetpack (WordPress Stats)
23.1 We use the plugin Jetpack (here the sub-function "Wordpress Stats") on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the plugin Jetpack (here the sub-function "Wordpress Stats"), which embeds a tool for statistical analysis of visitor traffic and is provided by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Jetpack uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site.
23.2 Automattic is certified under the Privacy Shield Agreement, thereby providing a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
24.1 We use on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the analysis service "etracker" of etracker GmbH, Erste Brunnenstraße 1 20459 Hamburg.
24.2 The data processed by etracker can be used to create user profiles under a pseudonym. Cookies can be used for this purpose. The cookies make it possible to recognize your browser. The data collected with the etracker technologies will not be used to personally identify visitors to our website without the separately granted consent of the person concerned and will not be merged with personal data about the bearer of the pseudonym. Furthermore, the personal data is only processed for us, i.e. not merged with personal data collected within other online offers.
24.3 You can object to the data collection and storage at any time with effect for the future. To object to the collection and storage of your visitor data in the future, you can use the following link to obtain an opt-out cookie from etracker, which will ensure that no visitor data from your browser is collected and stored by etracker in the future: http://www.etracker.de/privacy?et=Account-ID [Please enter your account ID here].
27. communication via mail, e-mail, fax or telephone
27.1 We use remote means of communication, such as mail, telephone or e-mail, for business processing and marketing purposes. In doing so, we process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
27.2 The processing is based on Art. 6 para. 1 lit. a, Art. 7 DSGVO, Art. 6 para. 1 lit. f DSGVO in connection with legal requirements for promotional communications. Contact will only be made with the consent of the contact partners or within the scope of legal permissions and the processed data will be deleted as soon as they are not required and otherwise with objection/ revocation or discontinuation of the authorization bases or legal archiving obligations.
29. integration of third-party services and content
29.1 We use content or service offers of third party providers within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) to integrate content or services offered by third-party providers, such as videos or fonts (hereinafter uniformly referred to as "content"). This always requires that the third-party providers of this content are aware of the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is thus required for the display of this content. We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as be linked to such information from other sources.
29.2 The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in part already mentioned here, options for objection (so-called opt-out).
- If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and privacy notices of the respective third party providers apply, which are available within the respective websites, or transaction applications.