Privacy policy
The controller responsible for data processing is
Julius Carol Hermann Schäuble
Burgstraße, 1a
Gundelfingen
info@gemtation.de
Phone: +491781447992
Thank you for your interest in our online store. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data.
1. ACCESS DATA AND HOSTING
You can visit our website without providing any personal data. Each time a website is accessed, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of access, the amount of data transferred and the requesting provider (access data) and documents the access. This access data is analyzed exclusively for the purpose of ensuring trouble-free operation of the site and improving our offer. This serves to safeguard our legitimate interests, which predominate in the context of a weighing of interests, in a correct presentation of our offer in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. All access data will be deleted no later than seven days after the end of your visit to our website.
HOSTING
The services for hosting and displaying the website are partly provided by our service providers as part of processing on our behalf. Unless otherwise stated in this privacy policy, all access data and all data collected in the forms provided on this website will be processed on their servers. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
Our service providers are located and/or use servers in the following countries for which the European Commission has determined an adequate level of data protection by decision Canada
Our service providers are located and/or use servers in the USA and in other countries outside the EU and the EEA. There is no adequacy decision by the European Commission for these countries. Our cooperation with them is based on standard data protection clauses of the European Commission.
2. DATA PROCESSING FOR CONTRACT PROCESSING AND FOR MAKING CONTACT
2.1 DATA PROCESSING FOR CONTRACT PROCESSING
For the purpose of contract processing (including inquiries about and processing of any existing warranty and service disruption claims as well as any statutory updating obligations) in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR, we collect personal data if you voluntarily provide it to us as part of your order. Mandatory fields are marked as such, as in these cases we absolutely need the data to process the contract and we cannot send the order without it. Which data is collected can be seen from the respective input forms.
Further information on the processing of your data, in particular on the transfer to our service providers for the purpose of order, payment and shipping processing, can be found in the following sections of this privacy policy. After completion of the contract, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law in accordance with Art. 6 para. 1 sentence 1 lit. c GDPR, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
2.2 CUSTOMER ACCOUNT
If you have given your consent to this in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR by deciding to open a customer account, we will use your data for the purpose of opening a customer account and storing your data for further future orders on our website. Deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described in this privacy policy or via a function provided for this purpose in the customer account. After deletion of your customer account, your data will be deleted unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
2.3 CONTACTING US
In the context of customer communication, we collect personal data to process your inquiries in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR if you voluntarily provide us with this data when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, as in these cases we absolutely need the data to process your contact. Which data is collected can be seen from the respective input forms. Once your request has been fully processed, your data will be deleted unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
3. DATA PROCESSING FOR THE PURPOSE OF DISPATCH PROCESSING
In order to fulfill the contract in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR, we pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods.
DATA TRANSFER TO SHIPPING SERVICE PROVIDERS FOR THE PURPOSE OF SHIPPING NOTIFICATION
If you have given us your express consent to this during or after your order, we will pass on your e-mail address and telephone number to the selected shipping service provider in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR so that they can contact you before delivery for the purpose of delivery notification or coordination.
Consent can be revoked at any time by sending a message to the contact option described in this privacy policy or directly to the shipping service provider at the contact address listed below. After revocation, we will delete your data provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
DPD Germany GmbH
Wailandtstraße 1
63741 Aschaffenburg
Germany
United Parcel Service Germany S.à r.l. & Co. OHG
Görlitzer Street 1
41460 Neuss
Germany
DHL Parcel GmbH
Sträßchensweg 10
53113 Bonn
Germany
General Logistics Systems Germany GmbH & Co. OHG
GLS Germany-Straße 1 - 7
DE-36286 Neuenstein
Germany
Hermes Germany GmbH
Essener Street 89
D-22419 Hamburg
Germany
4. DATA PROCESSING FOR PAYMENT PROCESSING
We work with the following partners to process payments in our online store: technical service providers, credit institutions, payment service providers.
4.1 DATA PROCESSING FOR TRANSACTION PROCESSING
Depending on the selected payment method, we pass on the data necessary for processing the payment transaction to our technical service providers, who work for us as part of order processing, or to the commissioned credit institutions or to the selected payment service provider, insofar as this is necessary for processing the payment. This serves to fulfill the contract in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR. In some cases, the payment service providers collect the data required for processing the payment themselves, e.g. on their own website or via a technical integration in the ordering process. In this respect, the privacy policy of the respective payment service provider applies.
If you have any questions about our partners for payment processing and the basis of our cooperation with them, please use the contact option described in this privacy policy.
4.2 DATA PROCESSING FOR THE PURPOSE OF FRAUD PREVENTION AND OPTIMIZING OUR PAYMENT PROCESSES
If necessary, we provide our service providers with further data, which they use together with the data necessary for processing the payment as our processors for the purpose of fraud prevention and the optimization of our payment processes (e.g. invoicing, processing of disputed payments, accounting support). In accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, this serves to safeguard our legitimate interests in our protection against fraud and efficient payment management, which predominate in the context of a balancing of interests.
4.3 IDENTITY AND CREDIT CHECK WHEN SELECTING KLARNA PAYMENT SERVICES
Klarna direct debit, purchase on account via Klarna, Klarna installment purchase
If you choose the payment services of Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter Klarna), we ask for your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR that we may transmit the data necessary for the processing of the payment and an identity and credit check to Klarna. In Germany, the credit agencies named in Klarna's privacy policy [https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy] may be used for identity and credit checks. Klarna uses the information received on the statistical probability of a payment default for a balanced decision on the establishment, execution or termination of the contractual relationship. You can revoke your consent at any time by sending a message to the contact option specified in this privacy policy. This may result in us no longer being able to offer you certain payment options. You can also withdraw your consent to this use of your personal data at any time by contacting Klarna.
5. ADVERTISING BY E-MAIL, POST
5.1 E-MAIL NEWSLETTER WITH REGISTRATION, NEWSLETTER TRACKING WITH SEPARATE CONSENT
If you subscribe to our newsletter, we will use the data required for this or separately provided by you to regularly send you our e-mail newsletter based on your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR. You can unsubscribe from the newsletter at any time, either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your email address from the recipient list, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
If you have also given us your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR to analyze our newsletter, we will also analyze your interaction with our newsletter by measuring, storing and evaluating opening rates and click rates for the purpose of designing future newsletter campaigns ("newsletter tracking").
For this analysis, the emails sent contain single-pixel technologies (e.g. so-called web beacons, tracking pixels), which are stored on our website. In particular, we link the following "newsletter data" for the evaluations
* the page from which the page was requested (so-called referrer URL),
* the date and time of the request,
* the description of the type of web browser used,
* the IP address of the requesting computer,
* the e-mail address,
* the date and time of registration and confirmation
and the single-pixel technologies with your e-mail address or your IP address and, if applicable, an individual ID. Links contained in the newsletter may also contain this ID.
Unsubscribing from newsletter tracking is possible at any time and can be done either by sending a message to the contact option described or via a link provided for this purpose in the newsletter.
The information is stored for as long as you are subscribed to the newsletter.
5.2 POSTAL ADVERTISING AND YOUR RIGHT TO OBJECT
In addition, we reserve the right to use your first and last name and your postal address for our own advertising purposes, e.g. to send you interesting offers and information about our products by post. This serves to safeguard our legitimate interests, which predominate in the context of a balancing of interests, in a promotional approach to our customers in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. You can object to the storage and use of your data for these purposes at any time by sending a message to the contact option described in this privacy policy.
6. COOKIES AND OTHER TECHNOLOGIES
GENERAL INFORMATION
In order to make visiting our website attractive and to enable the use of certain functions, we use technologies on various pages, including so-called cookies. Cookies are small text files that are automatically stored on your end device. Some of the cookies we use are deleted again at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognize your browser on your next visit (persistent cookies).
We use such technologies, which are absolutely necessary for the use of certain functions of our website (e.g. shopping cart function). These technologies collect and process the IP address, time of visit, device and browser information as well as information about your use of our website (e.g. information about the contents of the shopping cart). In the context of a balancing of interests, this serves overriding legitimate interests in an optimized presentation of our offer in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR.
To improve interaction with our visitors, we use a Java script plugin from uptain GmbH ("uptain plugin"https://www.uptain.de). This allows us to analyze your use of the website and improve our customer approach (e.g. through a dialog box). For this purpose, we collect information about your usage behavior, i.e. movement of the cursor, length of stay, links clicked on and any information provided. The legal basis for the processing is our legitimate interest in direct marketing and the provision of our website (Art. 6 para. 1 lit. f GDPR). As a processor, uptain GmbH is strictly bound by our instructions. The information collected will not be passed on to third parties unless we are legally obliged to do so. If the information collected by the uptain plugin contains personal data, it will be deleted immediately after your visit to our website.
You can deactivate the use of the uptain plugin at any time via the following link:https://gemtation.en/privacy?__up_tracking_unsubscribe
We also use technologies to fulfill the legal obligations to which we are subject (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. Further information on this, including the respective legal basis for data processing, can be found in the following sections of this privacy policy.
You can find the cookie settings for your browser under the following links Microsoft Edge™ [https://support.microsoft.com/de-de/help/4027947/microsoft-edge-delete-cookies] / Safari™ [https://support.apple.com/de-de/guide/safari/sfri11471/12.0/mac/10.14] / Chrome™ [https://support.google.com/chrome/answer/95647?hl=de&hlrm=en] / Firefox™ [https://support.mozilla.org/de/products/firefox/protect-your-privacy/cookies] / Opera™ [https://help.opera.com/de/latest/web-preferences/#cookies]
If you have consented to the use of the technologies in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, you can revoke your consent at any time by sending a message to the contact option described in the data protection declaration.
7. USE OF COOKIES AND OTHER TECHNOLOGIES FOR WEB ANALYSIS AND ADVERTISING PURPOSES
If you have given your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, we use the following cookies and other technologies from third-party providers on our website. The data collected in this context will be deleted after the purpose has ceased to apply and we have stopped using the respective technology. You can revoke your consent at any time with effect for the future. Further information on your revocation options can be found in the section "Cookies and other technologies". Further information, including the basis of our cooperation with the individual providers, can be found under the individual technologies. If you have any questions about the providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
8. SOCIAL MEDIA
8.1 SOCIAL PLUGINS FROM FACEBOOK (BY META), TWITTER, INSTAGRAM (BY META), PINTEREST
Social buttons from social networks are used on our website. These are only integrated into the page as HTML links so that no connection is established with the servers of the respective provider when our website is accessed. If you click on one of the buttons, the website of the respective social network will open in a new window of your browser where you can click on the Like or Share button, for example.
8.2 OUR ONLINE PRESENCE ON FACEBOOK (BY META), TWITTER, INSTAGRAM (BY META), YOUTUBE
If you have given your consent to the respective social media operator in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, your data will be automatically collected and stored for market research and advertising purposes when you visit our online presences on the social media mentioned above, from which user profiles are created using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are generally used for this purpose. For detailed information on the processing and use of data by the respective social media operator as well as a contact option and your rights and settings options for protecting your privacy, please refer to the providers' data protection notices linked below. If you still need help in this regard, you can contact us.
Facebook (by Meta) [http://www.facebook.com/about/privacy/] is a service provided by Meta Platforms Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland ("Meta Platforms Ireland"). The information automatically collected by Meta Platforms Ireland about your use of our online presence on Facebook (by Meta) is usually transferred to a server of Meta Platforms, Inc, 1 Hacker Way, Menlo Park, California 94025, USA and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission. Data processing in the context of a visit to a Facebook (by Meta) fan page is based on an agreement between jointly responsible parties in accordance with Art. 26 GDPR. Further information (information on Insights data) can be found here [https://www.facebook.com/legal/terms/information_about_page_insights_data].
Twitter [https://twitter.com/de/privacy]is a service provided by Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland ("Twitter"). The information automatically collected by Twitter about your use of our online presence on Twitter is generally transmitted to a server of Twitter, Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission.
Instagram (by Meta) [http://help.instagram.com/519522125107875] is a service provided by Meta Platforms Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland ("Meta Platforms Ireland") The information automatically collected by Meta Platforms Ireland about your use of our online presence on Instagram is usually transferred to a server of Meta Platforms, Inc, 1 Hacker Way, Menlo Park, California 94025, USA and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission. Data processing in the context of a visit to an Instagram (by Meta) fan page is based on an agreement between jointly responsible parties in accordance with Art. 26 GDPR. Further information (information on Insights data) can be found here [https://www.facebook.com/legal/terms/information_about_page_insights_data].
YouTube [https://policies.google.com/privacy?hl=de] is a service provided by Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google about your use of our online presence on YouTube is generally transmitted to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission.
9. CONTACT OPTIONS AND YOUR RIGHTS
9.1 YOUR RIGHTS
As a data subject, you have the following rights:
* In accordance with Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified therein;
* in accordance with Art. 16 GDPR, the right to demand the immediate correction of incorrect or incomplete personal data stored by us;
* in accordance with Art. 17 GDPR, the right to request the erasure of your personal data stored by us, unless further processing is necessary.
* to exercise the right to freedom of expression and information;
* to fulfill a legal obligation;
* for reasons of public interest; or
* for the establishment, exercise or defense of legal claims;
* pursuant to Art. 18 GDPR, the right to demand the restriction of the processing of your personal data, insofar as
* the accuracy of the data is disputed by you;
* the processing is unlawful, but you oppose the erasure of the data;
* we no longer need the data, but you need it for the establishment, exercise or defense of legal claims; or
* you have objected to the processing pursuant to Art. 21 GDPR;
* pursuant to Art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller;
* pursuant to Art. 77 GDPR, the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters.
Right to object
If we process personal data as explained above in order to protect our legitimate interests, which outweigh your interests, you can object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you only have the right to object on grounds relating to your particular situation.
After exercising your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the establishment, exercise or defense of legal claims.
This does not apply if the processing is for direct marketing purposes. In this case, we will no longer process your personal data for this purpose.
9.2 CONTACT OPTIONS
If you have any questions regarding the collection, processing or use of your personal data, information, correction, restriction or deletion of data as well as revocation of consents granted or objection to a specific use of data, please contact us directly using the contact details in our legal notice.