Borsteler Bogen 27B
22453 Hamburg, Germany
Commercial Register/No.: Hamburg District Court, HRB 40 426
Managing director: Sabine Beer, Heiko Hintze
Phone: +49 40 460 99 110
Data protection officer:
Mr Philipp Herold/Herold Unternehmensberatung GmbH
23568 Lübeck, Germany
E-mail address: email@example.com
Date: 13th of February 2020
Thank you for your interest in our online shop. The protection of your privacy is very important to us. In the following we inform you in detail about the handling of your data.
1. Basic Information on Data Processing and Legal Principles
1.2. For an explanation of the terms used, such as “personal data” or their “processing”, we would refer you to the definitions in Art. 4 of General Data Protection Regulation (GDPR).
1.3. The personal data of users processed within the scope of this online offering include master data (e.g. names and addresses of customers), contract data (e.g. services used, names of responsible clerks, payment information), usage data (e.g. the web pages of our online offering visited, interest in our products) and content data (e.g. entries in the contact form).
1.4. The term “user” covers all categories of persons affected by the data processing (‘data subjects’). These include our business partners, customers, potential customers and other visitors to our online offering. The terms used, such as “user”, shall be understood as neutral in gender.
1.5. We process personal data of the users only in accordance with the applicable data protection regulations. This means that the users’ data are only processed with their legal consent, i.e. in particular where data processing is necessary in order to provide our contractual services (e.g. processing of orders) and online services or where this is required by law, where the users have given their consent, and also on the grounds of our legitimate interests (i.e. interest in analysis, optimisation and cost-efficient operation and security of our online offering) as defined in Art. 6 (1) lit. f. GDPR, in particular the measurement of the reach, preparation of profiles for advertising and marketing purposes, collection of access data and the use of third-party services.
1.6. We should point out that the legal basis for the consents is Art. 6 (1) lit. a. and Art. 7 GDPR, the legal basis for the processing of data for the provision of our services or the discharge of contractual measures is Art. 6 (1) lit. b. GDPR, the legal basis for the processing of data for the fulfilment of our legal obligations is Art. 6 (1) lit. c. GDPR, and the legal basis for the processing of data for the purposes of our legitimate interests is Art. 6 (1) lit. f. GDPR.
2. Security Measures
2.1. We take state-of-the-art organisational, contractual and technical security measures to ensure that the provisions of the data protection laws are observed, and hence to protect the data processed by us against accidental or deliberate manipulation, loss, destruction or access by unauthorised persons.
2.2. These security measures include in particular the encrypted transmission of data between your browser and our server.
3. Disclosure of Data to Third Parties and Third-party Providers
3.1. Data are disclosed to third parties only where required by law. We pass on user data to third parties only where this is necessary e.g. on the basis of Art. 6 (1) lit. b) GDPR for the performance of a contract or on the basis of legitimate interests in accordance with Art. 6 (1) lit. f. GDPR in the cost-efficient and effective conduct of our business operations.
3.2. Where we use sub-contractors to provide our services, we take appropriate legal safeguards and corresponding technical and organisational measures to ensure the protection of the personal data in accordance with the relevant statutory regulations.
4. Santaverde Onlineshop
4.1. We process master data (e.g. names and addresses and contact data of users), contract data (e.g. services used, names of contact persons, payment information) in order to fulfil our contractual obligations and to provide our services in accordance with Art. 6 (1) lit b. GDPR. We use the Paypal Plus service to process payment transactions by credit card and direct debit: In the ordering process, you select credit card or direct debit and enter your data as usual. The payment process runs via PayPal, even if you do not have an account with PayPal.
4.2. Users can optionally create a user account in which they can view in particular their orders. During the registration, the users will be prompted to enter the necessary mandatory data. You can always correct or delete your data, including your user account, in the customer area. We may also process the data you provide in order to inform you about other interesting products from o ur portfolio or to send you e-mails with technical information. To prevent unauthorised access by third parties to your personal data, in particular financial data, the ordering process is encrypted using TLS technology. The user accounts are not public and cannot be indexed by search engines. When users have terminated their user account, their data are deleted with respect to the user account unless their retention is required in accordance with commercial and tax law pursuant to Art. 6 (1) lit. c GDPR. When terminating their user account, it is the responsibility of the users to save their data before the end of the contract. We are entitled to irretrievably delete all data saved on the user during the period of the contract.
4.3. During the registration, on renewed login and when using our online services, the IP address and the time of the respective user action will be stored. Storage is performed on the basis of our legitimate interests and those of the users in protecting the data against misuse and other unauthorised use. These data are not passed on to third parties unless this is necessary in order to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 (1) lit. c GDPR.
4.4. We process usage data (e.g. the web pages of our online offering visited, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile in order to display e.g. product tips to the user based on the services previously used.
5. Contacting Us
5.1. When you contact us (via the contact form or by e-mail), the user data are processed in accordance with Art. 6 (1) lit. b) GDPR for the purposes of dealing with the contact.
5.2. The user data can be stored in our ERP system or comparable enquiry organisation.
6.1. We process master data (e.g. names and addresses and Catering requirements of participants), contract data (e.g. services used, names of contact persons, payment information) in order to fulfil Preparation, implementation and follow-up of our seminars in accordance with Art. 6 (1) lit b. GDPR.
6.2. The user data can be stored in our enquiry organisation in accordance with Art. 6 (1) lit b. GDPR
7. Collection of Access Data and Logfiles
7.1. On the basis of our legitimate interests as defined in Art. 6 (1) lit. f. GDPR, we collect data on every access to the server on which this service is located in the form of “server logfiles”. The access data include the name of the visited web page, file, date and time of the access, data volume transmitted, report on successful access, browser type and version, user’s operating system, referrer URL (the page previously visited), IP address and requesting provider.
7.2. For security reasons (e.g. to clarify cases of misuse or fraud), logfile data are stored for a maximum period of seven days and are then deleted. Data that have to be retained for a longer period as evidence are excluded from the deletion until final clarification of the respective incident.
8. Cookies & Reach Measurement
8.1. Cookies are data that are transmitted from our web server or the web servers of third parties to the user’s web browser where they are stored for future retrieval. The cookies can be small files or other forms of information storage.
8.2. We use session cookies that are stored only for the duration of the current visit to our online offering (e.g. to enable storage of your login status or the shopping basket function, and hence to make the use of our online offering possible in the first place). An unambiguous identification number, or “session ID”, generated at random is stored in a session cookie. In addition, a cookie contains information on its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you terminate the use of our online offering, e.g. by logging out or closing the browser.
8.4. If users do not wish for cookies to be stored on their computer, they should deactivate the respective option in the system settings of their browser. Stored cookies can be deleted in the browser system settings. The blocking of cookies can result in limitations on the functions of this online offering.
8.5. You can oppose the storage of cookies used for reach measurement and advertising purposes via the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/), and also on the US American website (http://www.aboutads.info/choices) or European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
9. Google Analytics
9.2. Google is certified under the Privacy Shield Agreement and therefore warrants compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
9.3. Google will use this information on our behalf to analyse the use of our online offering by the users, to compile reports on the activities within this online offering and to provide other services related to the use of thus online offering and the Internet for us. Pseudonymous use profiles on the users may be created from the processed data.
9.4. We employ Google Analytics in order to display advertisements posted as part of advertising services from Google and its partners only to such users who have shown an interest in our online offering or who have certain characteristics (e.g. interest in certain topics or products identified from the web pages visited) that we pass on to Google (“remarketing or Google Analytics audiences”). By using the remarketing audiences, we aim to ensure that our advertisements meet the potential interest of the users and are not disturbing.
9.5. We employ Google Analytics only with activated IP anonymisation. This means that the IP address of the user is abridged by Google within member states of the European Union or in other contracting parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and abridged there.
9.6. The IP address transmitted by the user’s browser is not associated with any other data held by Google. Users can prevent the storage of the cookies by a corresponding setting in their browser software; users can also prevent the transmission of the data generated by the cookie relating to their use of the online offering to Google and the processing of these data by Google by downloading and installing the browser plug-in available under the following link http://tools.google.com/dlpage/gaoptout?hl=de.
9.7. In addition to or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our websites by clicking this link. This will install an opt-out cookie on your device. This will prevent the collection of data through Google Analytics for this website and for this browser in future as long as the cookie remains installed in your browser.
9.8. Further information on the use of the data by Google and on setting and objection possibilities can be found on the Google websites: https://www.google.com/intl/de/policies/privacy/partners (“Use of data by Google from your use of websites or apps of our partners”), http://www.google.com/policies/technologies/ads (“Use of data for advertising purposes”), http://www.google.de/settings/ads (“Management of information used by Google to display advertising to you”).
10. Google (Re-)Marketing Services
10.1. On the basis of our legitimate interests (i.e. interest in analysis, optimisation and cost-efficient operation of our online offering as defined in Art. 6 (1) lit. f. GDPR), we employ the marketing and remarketing services (“Google marketing services” for short) of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
10.2. Google is certified under the Privacy Shield Agreement and therefore warrants compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
10.3. The Google marketing services enable us to display advertisements for and on our website more selectively in order to present advertisements to users that potentially meet their interests. If a user is displayed e.g. advertisements for products for which he or she had shown an interest on other websites, this is referred to as “remarketing”. For this purpose, a Google code is immediately executed by Google when our or other websites are called up on which Google marketing services are active, and (re)marketing tags (invisible graphics or codes, also known as “web beacons”) are integrated into the website. These are used to store an individual cookie, i.e. a small file, on the user’s device (comparable technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records the web pages that the visitor has called up, the contents of interest on the pages and which offers were clicked, as well as technical information on the browser and operating system, referring websites, time of the visit and other data on the use of the online offering. The IP address of the users is also recorded; we should point out that within the context of Google Analytics, the IP address is abridged within the member states of the European Union or in other contracting parties to the Agreement on the European Economic Area, and only in exceptional cases is it transmitted in full to a Google server in the USA and abridged there. The IP address is not associated with data on the user within other offerings by Google. The above information can also be linked to such information from other sources by Google. If the user subsequently visits other websites, advertisements corresponding to his or her interests may be displayed.
10.4. The user data are processed pseudonymously within the context of Google marketing services, i.e. Google stores and processes e.g. not the name or e-mail address of the users, but processes the relevant Cookie-specific data within pseudonymous user profiles. This means that from the point of view of Google, the advertisements are not managed and displayed for a concrete identified person, but for the cookie holder, irrespective of who this cookie holder is. This does not apply if a user has expressly permitted Google to process these data without this pseudonymisation. The information on the users collected by Google marketing services are transmitted to Google and stored on Google servers in the USA.
10.5. The Google marketing services employed by us include i.a. the online advertising program “Google AdWords”. In the case of Google AdWords, each AdWords client receives a different conversion cookie. Cookies can therefore not be tracked via the websites of AdWords clients. The information obtained using the cookie serves to compile conversion statistics for AdWords clients who have opted for conversion tracking. The AdWords clients are informed of the total number of users who have clicked on their advertisement and were redirected to a page with a conversion tracking tag. They do not, however, receive any information with which they could identify users personally.
10.8. We can also employ the “Google Optimizer” service. Google Optimizer allows us to monitor the effect of various changes to a website (e.g. changes to the input fields, design, etc.) within the scope of "A/B testing". For these test purposes, cookies are stored on the users’ devices. Only pseudonymous user data are processed here.
10.9. In addition, we can employ the "Google Tag Manager" to integrate the Google analysis and marketing services into our website and for data management. With Google Tag Manager, marketers can manage website tags from an interface. The Tag Manager itself (the tool that implements the tags) is a cookielose domain and does not collect any personal information. The tool triggers other tags, which in turn may collect data. The Tag Manager does not access this data. If deactivation is made at the domain or cookie level, it will remain in effect for all tracking tags implemented with Google Tag Manager. http://www.google.de/tagmanager/use-policy.html
10.11. If you wish to oppose interest-related advertising through Google marketing services, you can use the setting and opt-out possibilities provided by Google: http://www.google.com/ads/preferences.
11. Facebook Social Plugins
11.1. On the basis of our legitimate interests (i.e. interest in analysis, optimisation and cost-efficient operation of our online offering as defined in Art. 6 (1) lit. f. GDPR), we use social plug-ins ("plug-ins") of the social network facebook.com that is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plug-ins can represent interaction elements or contents (e.g. videos, graphics or texts) and are recognisable from one of the Facebook logos (white “f” on a blue tile, the words "Like", "Gefällt mir" or a “thumbs up” symbol) or are marked with the "Facebook social plug-in” suffix. The list and the appearance of the Facebook social plug-ins can be viewed here: https://developers.facebook.com/docs/plugins/.
11.2. Facebook is certified under the Privacy Shield Agreement and therefore warrants compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
11.3. If a user calls up a function of this online offering that contains such a plug-in, the user’s device sets up a direct link to the Facebook servers. The content of the plug-in is transmitted by Facebook directly to the user’s device and is integrated into the online offering. Use profiles on the users may thereby be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects using this plug-in and can therefore only inform users in line with our level of knowledge.
11.4. The incorporation of the plug-ins provides Facebook with the information that a user has called up the corresponding page of the online offering. If the user is logged in to Facebook, Facebook can link the visit to the user’s Facebook account. If users interact with the plug-ins, for example by clicking the “Like” button or entering a comment, the corresponding information is transmitted by your device directly to Facebook and stored there. If a user is not a member of Facebook, it is nevertheless possible that Facebook can discover and store the user’s IP address. According to Facebook, only an anonymised IP address is stored in Germany.
11.5. The purpose and scope of the data collection and further processing and use of the data by Facebook and the associated rights and setting possibilities for protection of the users’ privacy can be found in the Facebook data privacy notices: https://www.facebook.com/about/privacy/.
11.6. If a user is a member of Facebook and does not wish for Facebook to collect data about him/her via this online offering and link these data for his/her member data stored by Facebook, he must log out of Facebook and delete his cookies before using our online offering. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US American page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are used for all devices, such as desktop computer or mobile devices.
12. Facebook, Custom Audiences and Facebook Marketing Services
12.1. Within our online offering, the "Facebook pixel" of the Facebook network operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are resident in the EU, by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook") on the grounds of our legitimate interests in analysis, optimisation and cost-efficient operation of our online offering and for these purposes.
12.2. Facebook is certified under the Privacy Shield Agreement and therefore warrants compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
12.3. With this Facebook pixel, Facebook is able on the one hand, to identify the visitors to our online offering as a target group for the posting of advertisements ("Facebook ads"). We therefore employ the Facebook pixel in order to display the Facebook ads posted by us only to such Facebook users who have shown an interest in our online offering or who have certain characteristics (e.g. interest in certain topics or products identified from the web pages visited) that we pass on to Facebook (“custom audiences”). By using the Facebook pixel, we also aim to ensure that our Facebook ads meet the potential interest of the users and are not disturbing. Using the Facebook pixel we can also analyse the effectiveness of the Facebook ads for statistical and market research purposes by being able to see whether users are redirected to our website after clicking on the Facebook ad (“conversion”).
12.4. The Facebook pixel is immediately incorporated by Facebook when our web pages are called up and can store a “cookie”, a small file, on your device. If you subsequently log in to Facebook or visit Facebook while logged in, the visit to our online offering is stored in your profile. The data collected on you are anonymous for us and therefore do not allow us to identify your person. However, the data are stored and processed by Facebook so that a link to the respective user profile is possible and can be used by Facebook and for its own market research and advertising purposes. Should we transmit data to Facebook for comparison purposes, these are encrypted locally on the browser and only then transmitted to Facebook via a secure https link. This is performed purely with the purpose of comparing these data with the data also encrypted by Facebook.
12.5. The data are processed by Facebook in line with Facebook’s data processing policy. General information on the representation of Facebook ads can be found in Facebook’s data processing policy: https://www.facebook.com/policy.php. Special information and details on the Facebook pixel and its function can be found in the ‘Help’ section of Facebook: https://www.facebook.com/business/help/651294705016616.
12.6. You can object to the collection of your data through the Facebook pixel and to the use of your data for the display of Facebook ads. In order to set the types of advertising displayed to you within Facebook you can call up the relevant page on Facebook and follow the instructions given there of the settings for use-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are used for all devices, such as desktop computer or mobile devices.
12.7. You can oppose the storage of cookies used for reach measurement and advertising purposes also via the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/), and also on the US American website (http://www.aboutads.info/choices) or European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
13.1. The following information explains the contents of our newsletter and the registration, dispatch and statistical evaluation procedures and your rights of objection. With your subscription to our newsletter, you declare your consent to the receipt of the newsletter and to the procedures described.
13.2. Content of the newsletter: We send newsletter, e-mails and other electronic notifications with advertising information (hereinafter referred to as “newsletter”) only with the consent of the recipient or with statutory authorisation. If the contents of the newsletter are described in concrete terms during the subscription to our newsletter, then these are binding for the users’ consent. In general, our newsletters contain information on our products, offers, campaigns, indications of competitions and surveys, on our company and topics associated with cosmetics, organics and sustainability.
13.3. Double opt-in and logging: Subscription to our newsletter follows the double opt-in procedure. This means that after your subscription, you receive an e-mail from us in which you are requested to confirm your subscription. This confirmation is necessary so that no-one can subscribe using the e-mail addresses of other persons. The subscriptions to the newsletter are logged in order to be able to register the subscription process in accordance with the legal requirements. This includes the storage of the time of subscription and confirmation, and the IP address. The changes to your data stored with the dispatch service provider are also logged.
13.4. Dispatch service provider: Newsletter2Go is used as newsletter software. Your data are thereby transmitted to Newsletter2Go GmbH. Newsletter2Go is forbidden from selling your data or using them for purposes other than the dispatch of newsletters. Newsletter2Go is a certified German service provider that was selected in accordance with the demands of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act.
Further information can be found here: https://www.newsletter2go.de/informationen-newsletter-empfaenger/
You can revoke your consent to the storage of the data, your e-mail address and their use for the dispatch of the newsletter at any time, for example via the “Unsubscribe” link in the newsletter.
13.5. Furthermore, the dispatch service provider can, according to its own information, use these data in pseudonymous form, i.e. without identification of a user, to improve or optimise its own services, e.g. for technical optimisation of the dispatch and the presentation of the newsletters, or for statistical purposes in order to determine from which countries the subscribers come. The dispatch service provider does not, however, use the data on our newsletter subscribers to contact them directly or to pass them on to third parties.
13.6. Subscription data: The provision of your e-mail address is sufficient for subscription to the newsletter. We ask you to optionally indicate a name to allow us to address you personally in the newsletter.
13.7. Statistical collection and analyses - The newsletters contain a “web beacon”, i.e. a pixel-sized file, that is called up by the dispatch service provider’s server when the newsletter is opened. During this call, initially technical information is collected, such as information on the browser and your system, together with your IP address and the time of the call. This information is used for technical improvement of the services on the basis of the technical data or the target groups and their reading behaviour according to the location of the call (that can be identified using the IP address) or the access times. The statistical data collected also include information on whether the newsletter was opened, when it was opened and which links are clicked. Although for technical reasons this information can be linked to the individual newsletter subscribers, it is neither our intention nor that of the dispatch service provider to observe individual users. The analyses are used to identify the reading habits of our users and to tailor our contents to them, or to send different contents according to the interests of our users.
13.8. The employment of the dispatch service provider, the conduct of the statistical data collections and analyses and the logging of the subscription procedure are performed on the basis of our legitimate interests in accordance with Art. 6 (1) lit. f GDPR. Our interest is directed to the use of a user-friendly and secure newsletter system that both serves our business interests and meets the expectations of the users.
13.9. Unsubscribe/revocation - You can unsubscribe from our newsletter, i.e. revoke your consents, at any time. At the same time, you revoke your consent to the dispatch of the newsletter by the dispatch service provider and the statistical analyses. Separate revocation of the dispatch of the newsletter by the dispatch service provider or the statistical analysis is unfortunately not possible. A link for unsubscribing from the newsletter can be found at the end of every newsletter. If the users have only subscribed to the newsletter and have cancelled this subscription, their personal data will be deleted.
14. Integration of Third-party Services and Contents
14.1. Within our online offering and on the basis of our legitimate interests (i.e. interest in analysis, optimisation and cost-efficient operation of our online offering as defined in Art. 6 (1) lit. f. GDPR), we employ content or service offerings from third-party providers in order to incorporate their contents and services, such as videos or fonts (hereinafter collectively referred to as “contents”). This always presupposes that the third-party providers of these contents can perceive the IP address of the users, as without the IP address they could not send the contents to their browsers. The IP address is therefore necessary for the presentation of the contents. We attempt to use only such contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers can furthermore use pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The pixel tags allow information such as the visitor traffic on the pages of this website site to be evaluated. The pseudonymous information can furthermore be stored in cookies on the users’ device and may contain i.a. technical information on the browser and operating system, referring web pages, time of visit and further information on the use of our online offering, and may be linked to such Information from other sources.
14.2. The following list shows an overview of third-party providers and their contents together with links to their data privacy policies where further information on their processing of data and the objection possibilities (opt-outs) – in some cases already described here – can be found:
- If our clients use third-party payment services (e.g. PayPal), then the general terms and conditions and the data privacy policies of the respective third-party provider apply that can be found within the respective website or transaction applications.
15. Rights of the User
15.1. Users have the right on demand to receive information free of charge on the personal data that we have saved on them.
15.2. In addition, the users have to the right to correction of incorrect data, to restrict the processing of their data and to deletion of their personal data, where applicable, to exercise their rights to data portability and, in the case of a suspicion of unlawful data processing, to submit a complaint to the responsible supervisory authority.
15.3. Users can also revoke consents, always with effect for the future.
16. Deletion of Data
16.1. The data stored by us are deleted as soon as they are no longer required for their intended purpose and deletion does not contravene statutory retention obligations. If the data on the users are not deleted because they are required for other legally permitted purposes, their processing will be restricted, i.e. the data will be blocked and not processed for any other purposes. This applies e.g. to user data that have to be retained for commercial and tax law reasons.
16.2. In accordance with the statutory regulations, they are stored for 6 years in accordance with § 257 (1) German Commercial Code (HGB) (trading books, inventories, opening balance sheets, annual accounts, commercial letters, accounting dockets, etc.) and for 10 years in accordance with § 147 (1) German Fiscal Code (AO) (books, records, status reports, accounting dockets, commercial letters, tax-relevant documents, etc.).
17. Right of Objection
Users can object to the future processing of their personal data in accordance with the legal requirements at any time. The objection can be made in particular against the processing for purposes of direct advertising.