1 Information on the collection of personal data and contact details of the person responsible
1.1 Wir we are pleased that you are visiting our website and thank you for your interest. In the following we inform you about how we handle your personal data when you use our website. Personal data are all data with which you can be personally identified.
1.2 Verantwortlicher for data processing on this website in the sense of the Data Protection Basic Regulation (DSGVO) is "Martneck GmbH, Johannes-Haag-Straße 19, 87600 Kaufbeuren, Fax: 08341-9615926, E-Mail: firstname.lastname@example.org". The person responsible for processing personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.
1.3 Der Verantwortliche has not appointed a data protection officer. For questions regarding data protection, please write to email@example.com.
1.4 Diese website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the responsible person). You can recognize an encrypted connection by the character string "https://" and the lock symbol in your browser line.
2 Data collection when visiting our website
When using our website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser sends to our server (so-called "server log files"). When you call up our website, we collect the following data, which are technically necessary for us to display the website:
- Our visited website
- Date and time of access
- Amount of data sent in bytes
- Source/reference from which you reached the site
- Used Browser
- Operating system used
- IP address used (if necessary: in anonymised form)
The processing is carried out in accordance with art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently if there are concrete indications of illegal use.
To make the visit of our website attractive and to enable the use of certain functions, we use so-called cookies on different pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal device and enable us to recognise your browser the next time you visit us (so-called persistent cookies). If cookies are set, they collect and process certain user information to an individual extent, such as browser and location data and IP address values. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. The duration of the respective cookie storage can be found in the overview of the cookie settings of your web browser.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). Insofar as personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 Para. 1 letter b DSGVO either for the execution of the contract, in accordance with Art. 6 Para. 1 letter a DSGVO in the case of a granted consent or in accordance with Art. 6 Para. 1 letter f DSGVO to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.
Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for each browser under the following links:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Please note that if you do not accept cookies, the functionality of our site may be limited.
5 Integration of the Trusted Shop Trustbadge
For the display of our Trusted Shops seal of approval and the possibly collected ratings as well as the offer of Trusted Shops products for buyers after an order, the Trusted Shops trust badge is integrated on this website.
When the trust badge is called up, the web server automatically saves a so-called server log file, which also contains your IP address, date and time of the call, transferred data volume and the requesting provider (access data) and documents the call. Individual access data is stored in a security database for the analysis of security incidents. The log files are automatically deleted at the latest 90 days after creation.
Further personal data is transferred to Trusted Shops GmbH if you decide to use Trusted Shops products after completing an order or if you have already registered for use. It applies the contractual agreement met between you and Trusted Shops. For this an automatic collection of personal data from the order data takes place. Whether you are already registered as a buyer for a product use is automatically checked by means of a neutral parameter, the e-mail address hashed by cryptological one-way function. The e-mail address is converted before transmission into this hash value, which cannot be decrypted by Trusted Shops. After checking for a match, the parameter is automatically deleted.
This is necessary for the fulfilment of our and Trusted Shops' predominant legitimate interests in the provision of the buyer protection linked to the specific order and the transactional evaluation services in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO. Further details, also on the objection, can be found in the Trusted Shops data protection declaration linked above and in the trust badge.
6 Contact us
Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for the processing of this data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at the conclusion of a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after final processing of your request. This is the case if it can be deduced from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
7 Data processing when opening a customer account and for contract processing by service providers Shopify
7.1 In accordance with Art. 6 para. 1 lit. b DSGVO, personal data will continue to be collected and processed if you provide us with such data in order to execute a contract or open a customer account. We use the shop system of the service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland:
- Shopify collects from you name, e-mail address, delivery and billing address, payment data, company name, telephone number, IP address, information about orders placed by you, information about our shop you are visiting, and information about the device and browser used.
- Shopify uses this information to provide the services to us. This includes order support and processing, risk and fraud screening, authentication and payment. Shopify also uses this information to improve the services.
- If you register for Shop Pay, Shopify will store and use this information to prefill the checkout information. Shopify also uses this information to customise and improve your visit to our shop by presenting goods and services that are likely to be of interest to you.
- Some of the personal information you provide to Shopify will be used by Shopify to make some automated decisions (e.g. IP addresses or payment details) to automatically block certain potentially fraudulent transactions for a short period of time.
- Shopify collects this information directly from you or your device when you use or access our store, for example, when you visit our website, place an order or register for an account on our site.
- When you sign up for Shop Pay, Shopify also collects this information to prepopulate your checkout data.
We have concluded a data processing agreement with Shopify, cf. https://www.shopify.com/legal/dpa(data processing addendum). In addition, Shopify (and in particular Shopify's affiliates Shopify Data Processing (USA) Inc, Shopify Payments (USA) Inc and Shopify (USA) Inc) comply with the EU-U.S. Privacy Shield Agreement with respect to the collection, use and retention of personal data of data subjects in the European Economic Area ("EEA"). In this regard, Shopify has confirmed that they adhere to the Privacy Shield principles of notification, selection, responsibility for retransmission, security, data integrity and purpose limitation, access, recourse, enforcement and liability. Details can be found at http://www.privacyshield.gov.
For a list of countries to which personal information may be transferred, please see Shopify's list of order processors.
7.2 A deletion of your customer account is possible at any time and can be done by sending a message to the above mentioned address of the person in charge. We store and use the data provided by you for the execution of the contract. After complete processing of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial law retention periods and deleted after these periods have expired, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by us.
9 Use of your data for direct advertising
9.1 Anmeldung to our e-mail newsletter
If you register for our e-mail newsletter, we will send you regular information about our offers. Your e-mail address is the only mandatory information for sending the newsletter. The provision of further data is voluntary and is used to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only send you an e-mail newsletter if you have expressly confirmed that you agree to receive newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in the future by clicking on a corresponding link.
By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 para. 1 lit. a DSGVO. When you register for the newsletter, we save your IP address entered by your Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace possible misuse of your e-mail address at a later date. The data collected by us when registering for the newsletter will be used exclusively for the purpose of advertising in the newsletter. You can unsubscribe from the newsletter at any time using the link provided for this purpose in the newsletter or by sending a message to the person responsible mentioned above. After you have cancelled your subscription, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this declaration.
9.2 Versand of the e-mail newsletter to existing customers
If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to send you regular e-mail offers on similar goods or services from our range of products to those you have already purchased. In accordance with § 7 paragraph 3 UWG we do not need to obtain your separate consent for this. In this respect, data processing is carried out solely on the basis of our justified interest in personalised direct advertising in accordance with Art. 6 Para. 1 lit. f DSGVO. If you have initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail. You are entitled to object to the use of your e-mail address for the above-mentioned advertising purpose at any time with effect for the future by notifying the person responsible named at the beginning of this document. For this you will only incur transmission costs in accordance with the basic rates. After receipt of your objection, the use of your e-mail address for advertising purposes will be immediately discontinued.
10 Rights of the person concerned
10.1 Das applicable data protection law grants you comprehensive data protection rights (rights of information and intervention) vis-à-vis the person responsible for processing your personal data, about which we inform you below:
- Right to information in accordance with Art. 15 DSGVO: In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right of rectification, erasure, restriction of processing, opposition to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision making including profiling and, if applicable, meaningful information on the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed of the guarantees provided under Art. 46 DPA when your data is transferred to third countries;
- Right of rectification under Art. 16 DPA: You have the right to have incorrect data relating to you corrected without delay and/or to have your incomplete data stored by us completed;
- Right to deletion in accordance with Art. 17 DSGVO: You have the right to request the deletion of your personal data if the conditions of Art. 17 para. 1 DSGVO are met. However, this right does not exist in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- Right to limit processing pursuant to Art. 18 DPA: You have the right to request the limitation of the processing of your personal data for as long as the accuracy of your data which you dispute is verified, if you refuse to delete your data on the grounds of unlawful processing and instead request the limitation of the processing of your data, if you require your data for the assertion, exercise or defence of legal claims, after we no longer require such data after the purpose has been achieved, or if you have lodged an objection on grounds of your particular situation, as long as it has not yet been established that our legitimate reasons outweigh the objection;
- Right to information in accordance with Art. 19 DSGVO: If you have asserted the right to rectification, erasure or limitation of processing vis-à-vis the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients.
- Right to data transferability in accordance with Art. 20 DSGVO: You have the right to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another person responsible, insofar as this is technically feasible;
- Right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO: You have the right to revoke at any time with future effect any consent to the processing of data that you have once granted. In the event of revocation, we will immediately delete the data concerned, unless further processing cannot be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until revocation;
- right of appeal under Art. 77 DSGVO: If you believe that the processing of personal data relating to you is in breach of the DPA, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place where the alleged breach occurs.
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST IN THE CONTEXT OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR SPECIAL SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE THAT THERE ARE COMPELLING REASONS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING. YOU MAY EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
11 Automated Decision Making
In delivering the services, our service provider Shopify uses a variety of algorithms for machine learning and forms of automated decision making. Shopify uses automated decision making for such purposes as: to prevent risk and fraud by merchants and to help us prevent fraudulent transactions by our customers.
Most of these algorithms (with the exception of some of the risk/fraud checking of customers) are not fully automated and involve some degree of human interaction (for example, we are provided with risk and fraud ratings for customers, whereupon we have to make conscious decisions about how to handle them. If we believe that a transaction was made using stolen or fraudulent payment information, this may result in a customer being unable to complete a transaction, but only for a few hours and a few days.
12 Duration of storage of personal data
The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and - if relevant - additionally by the respective legal retention period (e.g. retention periods under commercial and tax law).
When personal data are processed on the basis of express consent pursuant to Art. 6 para. 1 letter a DSGVO, these data are stored until the person concerned revokes his or her consent.
If there are legal retention periods for data which are processed within the framework of legal or similar obligations based on Art. 6 Para. 1 letter b DSGVO, these data will be routinely deleted after expiry of the retention periods, provided that they are no longer required for the fulfilment or initiation of the contract and/or we have no justified interest in further storage.
When personal data are processed on the basis of Art. 6 Para. 1 letter f DSGVO, these data are stored until the person concerned exercises his or her right to object in accordance with Art. 21 Para. 1 DSGVO, unless we can prove compelling reasons for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
When personal data are processed for the purpose of direct advertising on the basis of Art. 6 para. 1 letter f DSGVO, these data are stored until the person concerned exercises his or her right to object in accordance with Art. 21 para. 2 DSGVO.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted if they are no longer necessary for the purposes for which they were collected or otherwise processed.
13 Facebook Re-Targeting
The operation of the Facebook Pixel is based on Art. 6 para. 1 lit. f DSGVO. Our legitimate interest is the optimization of our advertising measures, the display of the most relevant advertising messages and helpful news to our website visitors on Facebook.