Privacy Policy
We greatly appreciate your interest in our company. Data privacy is of particularly high importance to the management of Café Chocolate. The use of Café Chocolate’s website is generally possible without providing any personal data. However, if a person wishes to use special services offered by our company via the website, the processing of personal data may become necessary. If such processing is required and there is no legal basis for it, we will generally obtain the consent of the person concerned.
The processing of personal data – such as a person’s name, address, email address, or telephone number – is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to Café Chocolate. With this privacy policy, our company aims to inform the public about the type, scope, and purpose of the personal data we collect, use, and process. In addition, this privacy policy explains the rights to which affected individuals are entitled.
Café Chocolate, as the data controller, has implemented a wide range of technical and organizational measures to ensure the most complete protection possible of personal data processed through this website. However, internet-based data transmissions can generally have security vulnerabilities, and absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone.
1. Definitions
Café Chocolate’s privacy policy is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our aim is to ensure that this privacy policy is easy to read and understand for the general public, as well as for our customers and business partners. To achieve this, we would like to first explain the terms we use.
In this privacy policy, we use the following terms, among others:
a) personenbezogene Daten
Personal data refers to any information relating to an identified or identifiable natural person (hereinafter referred to as the "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, or to one or more specific characteristics that express the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
b) betroffene Person
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Verarbeitung
Processing is any operation or set of operations performed on personal data, whether or not by automated means. This includes, in particular, the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction of personal data.
d) Einschränkung der Verarbeitung
Restriction of processing means the marking of stored personal data with the aim of limiting its processing in the future.
e) Profiling
Profiling is any form of automated processing of personal data that involves the use of such data to evaluate certain personal aspects relating to a natural person—particularly to analyze or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
f) Pseudonymisierung
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Verantwortlicher oder für die Verarbeitung Verantwortlicher
The controller or data controller is 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. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
h) Auftragsverarbeiter
A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
i) Empfänger
A recipient is a natural or legal person, public authority, agency, or another body to whom personal data is disclosed, whether or not it is a third party. However, public authorities that may receive personal data in the framework of a particular investigation in accordance with Union or Member State law shall not be regarded as recipients.
j) Dritter
A third party is a natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Einwilligung
Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify that they agree to the processing of personal data relating to them.
2. Name and address of the controller responsible for processing
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:
Café Chocolate
An St. Agatha 29
50667 Cologne
Germany
E-Mail: info@cafechocolate.de
Website: www.cafechocolate.de
3. Cookies
The websites of Café Chocolate use cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier assigned to a specific cookie. It consists of a string of characters that allows websites and servers to be associated with the specific internet browser in which the cookie was stored. This enables visited websites and servers to distinguish the individual browser used by the data subject from other internet browsers that store different cookies. A particular internet browser can thus be recognized and identified by its unique cookie ID.
By using cookies, Café Chocolate can provide users of this website with more user-friendly services that would not be possible without the use of cookies.
Cookies allow us to optimize the information and offers on our website with the user in mind. As already mentioned, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to utilize our site. For example, a user of a website that uses cookies does not have to enter their login details every time they visit the site, as this is handled by the website and the cookie stored on the user's computer system. Another example is the cookie used in an online store’s shopping cart. The online shop uses a cookie to remember the items a customer has placed in their virtual cart.
The data subject can prevent the setting of cookies by our website at any time by adjusting the settings of the internet browser they are using, thereby permanently objecting to the use of cookies. In addition, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser they use, not all functions of our website may be fully available.
4. Collection of general data and information
The website of Café Chocolate collects a series of general data and information each time it is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. The data collected may include: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which the accessing system reaches our site (so-called referrer), (4) the subpages visited on our website via the accessing system, (5) the date and time of access to the website, (6) an Internet Protocol (IP) address, (7) the internet service provider of the accessing system, and (8) other similar data and information used to protect our information technology systems in the event of an attack.
When using this general data and information, Café Chocolate does not draw any conclusions about the data subject. Instead, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertising, (3) ensure the long-term functionality of our IT systems and the technology behind our website, and (4) provide law enforcement authorities with the necessary information for prosecution in the event of a cyberattack. Therefore, Café Chocolate analyzes this anonymously collected data and information both statistically and with the aim of enhancing data protection and data security within the company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.
5. Routine erasure and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as provided for by the European legislator or another competent legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with legal requirements.
6. Rights of the data subject
a) Recht auf Bestätigung
Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact a staff member of the controller at any time.
b) Recht auf Auskunft
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller, at any time and free of charge, information about the personal data stored about them and to receive a copy of this information. Furthermore, the European legislator grants the data subject access to the following information:
- the purposes of the processing
- the categories of personal data that are being processed
- the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations
- where possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine that duration
- the existence of a right to rectification or erasure of personal data concerning them, or to restriction of processing by the controller, or a right to object to such processing
- the existence of a right to lodge a complaint with a supervisory authority
- where the personal data is not collected from the data subject: all available information about the source of the data
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and — at least in those cases — meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may contact a staff member of the controller at any time.
c) Recht auf Berichtigung
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data — also by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may contact a staff member of the controller at any time.
d) Recht auf Löschung (Recht auf Vergessen werden)
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request from the controller the immediate erasure of personal data concerning them, where one of the following grounds applies and to the extent that the processing is not necessary:
- The personal data was collected or otherwise processed for purposes for which it is no longer necessary.
- The data subject withdraws their consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
- The personal data has been unlawfully processed.
- The erasure of the personal data is required to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Article 8(1) GDPR.
If one of the above-mentioned reasons applies and a data subject wishes to request the deletion of personal data stored by Café Chocolate, they may contact a staff member of the controller at any time. The staff member of Café Chocolate will ensure that the request for erasure is complied with without undue delay.
If the personal data has been made public by Café Chocolate and our company, as the controller, is obliged to erase the personal data pursuant to Article 17(1) GDPR, Café Chocolate shall, taking into account available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers which are processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, that personal data, insofar as the processing is not required. The staff member of Café Chocolate will take the necessary steps in each individual case.
e) Recht auf Einschränkung der Verarbeitung
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request from the controller the restriction of processing where one of the following conditions applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of the use of the personal data instead.
- The controller no longer needs the personal data for the purposes of processing, but the data subject requires it for the establishment, exercise, or defense of legal claims.
- The data subject has objected to the processing pursuant to Article 21(1) GDPR, and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by Café Chocolate, they may contact a staff member of the controller at any time. The staff member of Café Chocolate will arrange for the restriction of processing.
f) Recht auf Datenübertragbarkeit
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which has been provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, the data subject, in exercising their right to data portability pursuant to Article 20(1) GDPR, has the right to obtain that the personal data be transmitted directly from one controller to another, where technically feasible, and provided that this does not adversely affect the rights and freedoms of other persons.
To exercise the right to data portability, the data subject may contact a staff member of Café Chocolate at any time.
g) Recht auf Widerspruch
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them, which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
Café Chocolate will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing is necessary for the establishment, exercise, or defense of legal claims.
If Café Chocolate processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, Café Chocolate will no longer process the personal data for these purposes.
The data subject also has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them, which is carried out by Café Chocolate for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may directly contact any staff member of Café Chocolate or another employee. The data subject is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by automated means, using technical specifications.
h) Automatisierte Entscheidungen im Einzelfall einschließlich Profiling
Every data subject affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject, and such law provides appropriate measures to safeguard the rights and freedoms, as well as the legitimate interests, of the data subject, or (3) is based on the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is based on the explicit consent of the data subject, Café Chocolate will take appropriate measures to safeguard the rights and freedoms, as well as the legitimate interests, of the data subject, which at a minimum include the right to obtain human intervention from the controller, to express their point of view, and to contest the decision.
If the data subject wishes to exercise rights with regard to automated decisions, they may contact a staff member of the controller at any time.
i) Recht auf Widerruf einer datenschutzrechtlichen Einwilligung
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to withdraw their consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact a staff member of the controller at any time.
7. Data protection provisions regarding the use of Facebook
The controller has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is an online social meeting point, a virtual community that generally allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or allows the online community to provide personal or business-related information. Facebook allows users of the social network to create private profiles, upload photos, and network through friend requests, among other features.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. The controller responsible for the processing of personal data, if a data subject resides outside the USA or Canada, is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time an individual page of this website, operated by the controller, is accessed, and on which a Facebook component (Facebook plugin) has been integrated, the internet browser on the data subject's information technology system is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. An overview of all Facebook plugins can be accessed at [https://developers.facebook.com/docs/plugins/?locale=de\_DE](https://developers.facebook.com/docs/plugins/?locale=de_DE). As part of this technical process, Facebook learns which specific subpage of our website is being visited by the data subject.
If the data subject is simultaneously logged into Facebook, Facebook recognizes with each visit to our website by the data subject, and for the entire duration of their stay on our website, which specific subpage of our website the data subject is visiting. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks one of the Facebook buttons integrated on our website, such as the "Like" button, or leaves a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores this personal data.
Facebook receives information that the data subject has visited our website through the Facebook component whenever the data subject is logged into Facebook at the time of accessing our website, regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not wish for this information to be transmitted to Facebook, they can prevent the transmission by logging out of their Facebook account before accessing our website.
The data policy published by Facebook, which can be accessed at [https://de-de.facebook.com/about/privacy/](https://de-de.facebook.com/about/privacy/), provides information on the collection, processing, and use of personal data by Facebook. It also explains the privacy settings Facebook offers to protect the data subject's privacy. Additionally, various applications are available that allow the suppression of data transmission to Facebook. These applications can be used by the data subject to prevent the transmission of data to Facebook.
8. Data protection provisions regarding the use of Google Analytics (with anonymization function)
The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, gathering, and evaluation of data about the behavior of visitors to websites. A web analysis service collects, among other things, data on which website a data subject has accessed the website from (so-called referrer), which subpages of the website were accessed, or how often and for how long a subpage was viewed. Web analysis is primarily used for optimizing a website and for the cost-benefit analysis of online advertising.
The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The controller uses the "_gat._anonymizeIp" add-on for web analysis via Google Analytics. With this add-on, the IP address of the data subject’s internet connection is shortened and anonymized by Google when accessing our website from a member state of the European Union or from another contracting state of the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide additional services related to the use of our website.
Google Analytics sets a cookie on the data subject's information technology system. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time an individual page of this website, operated by the controller and on which a Google Analytics component is integrated, is accessed, the internet browser on the data subject’s information technology system is automatically prompted by the respective Google Analytics component to transmit data for the purpose of online analysis to Google. As part of this technical process, Google becomes aware of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and to subsequently enable commission billing.
Through the use of the cookie, personal information such as the access time, the location from which access originated, and the frequency of visits to our website by the data subject is stored. Each time our website is visited, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States. Google may share this personal data collected through the technical process with third parties.
The data subject can prevent the setting of cookies by our website at any time by adjusting the settings of the internet browser they are using, thereby permanently objecting to the setting of cookies, as outlined above. Such a setting in the internet browser would also prevent Google from setting a cookie on the data subject's information technology system. Additionally, any cookie already set by Google Analytics can be deleted at any time through the internet browser or other software programs.
Furthermore, the data subject has the option to object to the collection of data generated by Google Analytics related to the use of this website and to prevent the processing of this data by Google. To do so, the data subject must download and install a browser add-on at the following link: [https://tools.google.com/dlpage/gaoptout](https://tools.google.com/dlpage/gaoptout). This browser add-on informs Google Analytics via JavaScript that no data and information regarding visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data subject's information technology system is later deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their control, the browser add-on can be reinstalled or reactivated.
Further information and the applicable privacy policy of Google can be accessed at [https://www.google.de/intl/de/policies/privacy/](https://www.google.de/intl/de/policies/privacy/) and [http://www.google.com/analytics/terms/de.html](http://www.google.com/analytics/terms/de.html). Google Analytics is explained in more detail at this link: [https://www.google.com/intl/de\_de/analytics/](https://www.google.com/intl/de_de/analytics/).
9. Data protection provisions regarding the use of Instagram
The controller has integrated components of the Instagram service on this website. Instagram is a service that can be classified as an audiovisual platform, allowing users to share photos and videos, as well as to distribute such data across other social networks.
The operating company of the Instagram services is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time an individual page of this website, operated by the controller, is accessed, and on which an Instagram component (Insta button) has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective Instagram component to download a display of the corresponding Instagram component. As part of this technical process, Instagram becomes aware of which specific subpage of our website is being visited by the data subject.
If the data subject is logged into Instagram at the same time, Instagram recognizes with each visit to our website by the data subject and during the entire duration of their stay on our website, which specific subpage the data subject is visiting. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transferred will be associated with the personal Instagram user account of the data subject and stored and processed by Instagram.
Instagram receives information that the data subject has visited our website via the Instagram component whenever the data subject is logged into Instagram at the time of accessing our website, regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not wish for this information to be transmitted to Instagram, they can prevent the transmission by logging out of their Instagram account before accessing our website.
Further information and the applicable privacy policy of Instagram can be accessed at [https://help.instagram.com/155833707900388](https://help.instagram.com/155833707900388) and [https://www.instagram.com/about/legal/privacy/](https://www.instagram.com/about/legal/privacy/).
10. Payment Method: Data Protection Provisions for PayPal as a Payment Method
The controller has integrated components of PayPal on this website. PayPal is an online payment service provider. Payments are processed through so-called PayPal accounts, which represent virtual personal or business accounts. Additionally, PayPal allows virtual payments via credit cards, even if a user does not have a PayPal account. A PayPal account is managed using an email address, which means there is no traditional account number. PayPal enables online payments to third parties or the receipt of payments. PayPal also acts as a trustee and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg.
If the data subject selects "PayPal" as the payment option during the ordering process in our online shop, personal data will be automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transmission of personal data necessary for payment processing.
The personal data transmitted to PayPal typically includes first name, last name, address, email address, IP address, phone number, mobile number, or other data necessary for payment processing. Personal data related to the specific order is also required for the fulfillment of the purchase contract.
The transmission of data aims to facilitate payment processing and fraud prevention. The controller will transmit personal data to PayPal, particularly when there is a legitimate interest for such transmission. The personal data exchanged between PayPal and the controller may, under certain circumstances, be transmitted by PayPal to credit rating agencies. This transmission aims to perform identity and credit checks.
PayPal may, if necessary, transmit personal data to affiliated companies, service providers, or subcontractors, insofar as this is required to fulfill contractual obligations or if the data is to be processed on behalf of PayPal.
The data subject has the option to withdraw their consent to the handling of personal data at any time with PayPal. A withdrawal of consent does not affect personal data that must be processed, used, or transmitted for (contractual) payment processing.
The applicable privacy policy of PayPal can be accessed at [https://www.paypal.com/de/webapps/mpp/ua/privacy-full](https://www.paypal.com/de/webapps/mpp/ua/privacy-full).
11. Legal basis for processing
Art. 6 I lit. a DS-GVO dient unserem Unternehmen als Rechtsgrundlage für Verarbeitungsvorgänge, bei denen wir eine Einwilligung für einen bestimmten Verarbeitungszweck einholen. Ist die Verarbeitung personenbezogener Daten zur Erfüllung eines Vertrags, dessen Vertragspartei die betroffene Person ist, erforderlich, wie dies beispielsweise bei Verarbeitungsvorgängen der Fall ist, die für eine Lieferung von Waren oder die Erbringung einer sonstigen Leistung oder Gegenleistung notwendig sind, so beruht die Verarbeitung auf Art. 6 I lit. b DS-GVO. Gleiches gilt für solche Verarbeitungsvorgänge die zur Durchführung vorvertraglicher Maßnahmen erforderlich sind, etwa in Fällen von Anfragen zur unseren Produkten oder Leistungen. Unterliegt unser Unternehmen einer rechtlichen Verpflichtung durch welche eine Verarbeitung von personenbezogenen Daten erforderlich wird, wie beispielsweise zur Erfüllung steuerlicher Pflichten, so basiert die Verarbeitung auf Art. 6 I lit. c DS-GVO. In seltenen Fällen könnte die Verarbeitung von personenbezogenen Daten erforderlich werden, um lebenswichtige Interessen der betroffenen Person oder einer anderen natürlichen Person zu schützen. Dies wäre beispielsweise der Fall, wenn ein Besucher in unserem Betrieb verletzt werden würde und daraufhin sein Name, sein Alter, seine Krankenkassendaten oder sonstige lebenswichtige Informationen an einen Arzt, ein Krankenhaus oder sonstige Dritte weitergegeben werden müssten. Dann würde die Verarbeitung auf Art. 6 I lit. d DS-GVO beruhen.
Letztlich könnten Verarbeitungsvorgänge auf Art. 6 I lit. f DS-GVO beruhen. Auf dieser Rechtsgrundlage basieren Verarbeitungsvorgänge, die von keiner der vorgenannten Rechtsgrundlagen erfasst werden, wenn die Verarbeitung zur Wahrung eines berechtigten Interesses unseres Unternehmens oder eines Dritten erforderlich ist, sofern die Interessen, Grundrechte und Grundfreiheiten des Betroffenen nicht überwiegen. Solche Verarbeitungsvorgänge sind uns insbesondere deshalb gestattet, weil sie durch den Europäischen Gesetzgeber besonders erwähnt wurden. Er vertrat insoweit die Auffassung, dass ein berechtigtes Interesse anzunehmen sein könnte, wenn die betroffene Person ein Kunde des Verantwortlichen ist (Erwägungsgrund 47 Satz 2 DS-GVO).
12. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.
13. Duration for which personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of this period, the relevant data will be routinely deleted, unless it is still required for the fulfillment of a contract or for pre-contractual purposes.
14. Legal or contractual requirements for providing personal data; necessity for the conclusion of the contract; obligation of the data subject to provide personal data; possible consequences of not providing the data
Wir klären Sie darüber auf, dass die Bereitstellung personenbezogener Daten zum Teil gesetzlich vorgeschrieben ist (z.B. Steuervorschriften) oder sich auch aus vertraglichen Regelungen (z.B. Angaben zum Vertragspartner) ergeben kann.
Mitunter kann es zu einem Vertragsschluss erforderlich sein, dass eine betroffene Person uns personenbezogene Daten zur Verfügung stellt, die in der Folge durch uns verarbeitet werden müssen. Die betroffene Person ist beispielsweise verpflichtet uns personenbezogene Daten bereitzustellen, wenn unser Unternehmen mit ihr einen Vertrag abschließt. Eine Nichtbereitstellung der personenbezogenen Daten hätte zur Folge, dass der Vertrag mit dem Betroffenen nicht geschlossen werden könnte.
Vor einer Bereitstellung personenbezogener Daten durch den Betroffenen muss sich der Betroffene an einen unserer Mitarbeiter wenden. Unser Mitarbeiter klärt den Betroffenen einzelfallbezogen darüber auf, ob die Bereitstellung der personenbezogenen Daten gesetzlich oder vertraglich vorgeschrieben oder für den Vertragsabschluss erforderlich ist, ob eine Verpflichtung besteht, die personenbezogenen Daten bereitzustellen, und welche Folgen die Nichtbereitstellung der personenbezogenen Daten hätte.
15. Existence of automated decision-making
As a responsible company, we refrain from automated decision-making or profiling.
This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as... External Data Protection Officer Bayreuth which operates in cooperation with the lawyer specializing in IT and data protection law. Christian Solmecke
