data protection
§ 10. Data Protection
DATA PRIVACY POLICY
§ 1 General
Your personal data (e.g. title, name, address, e-mail address, telephone number) will only be processed by us in accordance with the provisions of German data protection law and the data protection law of the European Union (EU). The following regulations inform you about the purposes of processing, recipients, legal bases, storage periods, as well as your rights and the data controller responsible for processing your data. This data privacy policy only applies to our websites. If you are redirected to other sites via links on our pages, please inform yourself there about the respective handling of your data.
§ 2 Contact
(1) Purpose of processing
We process your personal data, which you provide to us by e-mail, contact form, etc., to answer and process your inquiries. You are not obliged to provide us with your personal data. However, without your e-mail address, we cannot reply to you by e-mail.
(2) Legal bases
a) If you have given us explicit consent to process your data, Art. 6 para. 1a) GDPR is the legal basis for this processing.
b) If we process your data to carry out pre-contractual measures, Art. 6 para. 1b) GDPR is the legal basis.
c) In all other cases (especially when using a contact form), Art. 6 para. 1f) GDPR is the legal basis.
RIGHT TO OBJECT: You have the right to object to data processing that is carried out on the basis of Art. 6 para. 1 f) GDPR and is not used for direct marketing, for reasons arising from your particular situation, at any time.
In the case of direct marketing, however, you can object to the processing at any time without giving reasons.
(3) Legitimate interest
Our legitimate interest in processing is to communicate with you quickly and to answer your inquiries cost-effectively. If you provide us with your address, we reserve the right to use it for postal direct marketing. You can protect your interest in data protection by providing data sparingly (e.g. using a pseudonym).
(4) Categories of recipients
Hosting provider, shipping service provider for direct marketing
(5) Storage period
Your data will be deleted when it can be inferred from the circumstances that your inquiry or the matter concerned has been finally clarified.
If, however, a contract is concluded, the data required under commercial and tax law will be stored by us for the legally specified periods, i.e. regularly ten years (cf. § 257 HGB, § 147 AO).
(6) Right of withdrawal
In the case of processing based on your consent, you have the right to withdraw your consent at any time.
§ 3 Comments
(1) Purpose of processing
It is possible to write a comment. Your data (e.g. name/pseudonym, e-mail address, website) will then only be processed for the purpose of publishing your comment.
(2) Legal basis
The legal basis for this processing is Art. 6 para. 1 f) GDPR.
(3) Legitimate interest
Our legitimate interest is the public exchange of user opinions on certain topics and products. The publication serves, among other things, transparency and opinion formation. Your interest in data protection is preserved, as you can publish your comment under a pseudonym.
(4) Storage period
No specific storage period is provided. You can request the deletion of your comment at any time.
(5) RIGHT TO OBJECT
You have the right to object to data processing that is carried out on the basis of Art. 6 para. 1 f) GDPR and is not used for direct marketing, for reasons arising from your particular situation, at any time.
In the case of direct marketing, however, you can object to the processing at any time without giving reasons.
§ 4 Information about cookies
(1) Purpose of processing
Technically necessary cookies are used on this website. These are small text files that are stored in or by your internet browser on your computer system.
(2) Legal basis
The legal basis for this processing is Art. 6 para. 1 f) GDPR.
(3) Legitimate interest
Our legitimate interest is the functionality of our website. The user data collected by technically necessary cookies are not used to create user profiles. This preserves your interest in data protection.
(4) Storage period
Technically necessary cookies are generally deleted when the browser is closed. Permanently stored cookies have a varying lifespan from a few minutes to several years.
(5) RIGHT TO OBJECT
If you do not wish these cookies to be stored, please deactivate the acceptance of these cookies in your internet browser. However, this may result in a functional restriction of our website. You can also delete permanently stored cookies at any time via your browser.
§ 5 Newsletter
(1) Purpose of processing
When registering for the newsletter, your e-mail address will be used for advertising purposes, i.e. within the scope of the newsletter we will inform you in particular about products from our range. For statistical purposes, we can evaluate which links in the newsletter are clicked. We cannot identify which specific person has clicked. You have given the following consent separately or, if applicable, in the course of the ordering process: via the newsletter registration link.
(2) Legal basis
The legal basis for this processing is Art. 6 para. 1 a) GDPR.
(3) Categories of recipients
If applicable, newsletter dispatch provider
(4) Storage period
Your e-mail address will only be stored for newsletter dispatch for the duration of the desired registration.
(5) Right of withdrawal
You can withdraw your consent at any time with effect for the future. If you no longer wish to receive the newsletter, you can unsubscribe as follows: via a registration link in the newsletter, by email
§ 6 Rights of the data subject
If personal data concerning you is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis us:
1. Right to information
You can ask us for confirmation as to whether personal data concerning you is being processed by us.
If such processing exists, you can request information from us about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by us or a right to object to this processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information about the origin of the data, if the personal data is not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Art. 22 para. 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and the intended effects of such processing for the data subject.
You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have a right to rectification and/or completion vis-à-vis us if the processed personal data concerning you are inaccurate or incomplete. We must rectify it without undue delay.
3. Right to restriction of processing
Under the following conditions, you can request the restriction of the processing of personal data concerning you:
(1) if you contest the accuracy of the personal data concerning you for a period enabling us to verify the accuracy of the personal data;
(2) if the processing is unlawful and you oppose the erasure of the personal data and request instead the restriction of their use;
(3) if we no longer need the personal data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims, or
(4) if you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether our legitimate grounds override yours.
Where processing of personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted according to the above conditions, you will be informed by us before the restriction is lifted.
4. Right to erasure
a) Obligation to erase
You can request us to erase personal data concerning you without undue delay, and we are obliged to erase this data without undue delay if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal ground for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you have been unlawfully processed.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which we are subject.
(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.
b) Information to third parties
Where we have made the personal data concerning you public and are obliged pursuant to Art. 17 para. 1 GDPR to erase the personal data, we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Exceptions
The right to erasure does not apply to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
(3) for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) for the establishment, exercise or defense of legal claims.
5. Right to information
If you have asserted the right to rectification, erasure or restriction of processing against us, we are obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed about these recipients by us.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. Furthermore, you have the right to transmit these data to another controller without hindrance from us, provided that
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from us to another controller, where technically feasible. This shall not adversely affect the rights and freedoms of others.
The right to data portability does not apply to 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 us.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 para. 1 lit. e or f GDPR, including profiling based on those provisions.
We shall no longer process the personal data concerning you unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
8. Right to withdraw the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated individual decision-making, including profiling
You 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
(1) is necessary for entering into, or performance of, a contract between you and us,
(2) is authorized by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
(3) is based on your explicit consent.
However, these decisions shall not be based on special categories of personal data referred to in Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g applies and suitable measures to safeguard your rights and freedoms and legitimate interests have been put in place.
With regard to the cases referred to in (1) and (3), we shall implement suitable measures to safeguard your rights and freedoms and legitimate interests.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you 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 personal data relating to you 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.To improve interaction with our visitors, we use a Java-Script
Plugin from uptain GmbH ("uptain plugin" https://www.uptain.de). This allows us to analyze your use of the website and improve customer engagement (e.g., through a dialog box). For this purpose, we collect information about your usage behavior, i.e., cursor movement, dwell time, clicked links, and any information provided. The legal basis for the processing is our legitimate interest in direct marketing and the provision of our website (Art. 6 para. 1 lit f GDPR). uptain GmbH is strictly bound by our instructions as a data processor. The collected information will not be passed on to third parties unless we are legally obliged to do so. Insofar as the information collected by the uptain plugin contains personal data, it will be deleted immediately after your visit to our website. You can deactivate the use of the uptain plugin at any time via the following link: https://www.ihreshopdomain.de/datenschutz?__up_tracking_unsubscribe
Controller for data processing: Marie Morenz, Linda Tippner, Rumfordstrasse 4, 80469 Munich Phone: 089.23000280 shop@mariemorenz.de