Privacy Policy

Privacy Policy

Unless otherwise stated below, the provision of your personal data is neither legally or contractually required, nor necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide the data will have no consequences. This applies only insofar as no other information is given in the following processing operations.
"Personal data" means any information relating to an identified or identifiable natural person.


Server log files
You can visit our websites without providing any personal information. 
Each time you access our website, usage data is transmitted to us or our web hoster / IT service provider by your internet browser and stored in log data (so-called server log files). This stored data includes, for example, the name of the accessed page, the date and time of access, the IP address, the amount of data transferred and the requesting provider.
The processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in ensuring the trouble-free operation of our website and to improve our offer. 

 
Your data may be transferred to and processed in third countries outside the EU, in particular to Canada and the USA. For Canada, an adequacy decision by the EU Commission exists. For the USA, an adequacy decision by the EU Commission exists, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer is based on contractual obligations comparable to the standard contractual clauses of the EU Commission.

Contact

Controller
Contact us if you wish. The controller for data processing is: Ufuk Tüten, Morsestr. 9, 10587 Berlin Germany, 01632424646, ufuk@sanclemente-essentials.de

Customer's proactive contact by email
If you proactively contact us for business purposes by email, we only collect your personal data (name, email address, message text) to the extent provided by you. The data processing serves to process and answer your contact request.
If the contact serves to carry out pre-contractual measures (e.g., advice on purchase interest, offer creation) or concerns a contract already concluded between you and us, this data processing takes place on the basis of Art. 6 para. 1 lit. b GDPR.
If the contact takes place for other reasons, this data processing takes place on the basis of Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in processing and answering your request. In this case, you have the right to object at any time to the processing of personal data concerning you, which is based on Art. 6 para. 1 lit. f GDPR, for reasons arising from your particular situation.
We only use your email address to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.


Collection and processing when using the contact form
When using the contact form, we collect your personal data (name, e-mail address, message text) only to the extent provided by you. The data processing serves the purpose of contacting you.

If the contact serves to carry out pre-contractual measures (e.g., advice on purchase interest, offer creation) or concerns a contract already concluded between you and us, this data processing takes place on the basis of Art. 6 para. 1 lit. b GDPR.
If the contact takes place for other reasons, this data processing takes place on the basis of Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in processing and answering your request. In this case, you have the right to object at any time to the processing of personal data concerning you, which is based on Art. 6 para. 1 lit. f GDPR, for reasons arising from your particular situation.
We only use your email address to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.

Collection and processing when using the revocation button
If you have concluded a contract via our online presence, we provide you with a revocation function (revocation button) through which you can immediately submit your declaration of revocation. 
When using the revocation function, we only collect your personal data (name, email address, information to identify the contract or part of the contract you wish to revoke, and the time (date and time) of sending the revocation declaration) to the extent provided by you. The data processing serves the purpose of providing you with the legally required option to revoke your contract and for the proper processing of your revocation. 
If the contact concerns a contract already concluded between you and us, this data processing takes place on the basis of Art. 6 para. 1 lit. b GDPR. Otherwise, the data processing takes place on the basis of Art. 6 para. 1 lit. c GDPR, to fulfill a legal obligation to provide you with a revocation function on our online presence. 
We only use your email address to process your revocation declaration. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use. 
 
Disclosure to third-party providers (plugin usage)
For the technical provision and management of the revocation function on our online presence, we use a software solution from the third-party provider
Händlerbund Legal GmbH, Kohlgartenstraße 11-13, 04315 Leipzig, as part of order processing. The plug-in enables you to submit your declaration of revocation directly via the revocation button if you have concluded a contract with us via our website. Technically necessary cookies are used for this purpose and the following information is collected: encrypted session ID.

Your data may be transferred to third countries such as the USA. For the USA, an adequacy decision by the EU Commission exists, the Trans-Atlantic Data Privacy Framework (TADPF). If the providers have not certified themselves under the TADPF, the data transfer to the USA takes place on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_de.


Your collected personal data will be transferred to the servers of the aforementioned third-party providers when using the revocation function.
The processing of your personal data serves the purpose of legally complying with the requirements for the design of the revocation function and takes place on the basis of Art. 6 para. 1 lit. c GDPR. This data processing also takes place on the basis of Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in being able to provide you with a user-friendly revocation option. In this case, you have the right to object at any time to the processing of personal data concerning you, which is based on Art. 6 para. 1 lit. f GDPR, for reasons arising from your particular situation.
 
The use of cookies or similar technologies is based on Section 25 (2) TDDDG. Further information on data protection can be found at: https://www.haendlerbund.de/de/datenschutzerklaerung

Use of address validation from Google Maps API
We use the address validation service provided by Google (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland "Google") on our website.
The data processing serves the purpose of checking your entries in our address forms for input and spelling errors in real time, and adding missing data if necessary. In the event of incorrectly entered data, alternative suggestions for correcting the data are displayed. For this purpose, the address data entered by you is transmitted to the provider, stored there and evaluated.
Among other things, the following information can be transmitted to Google and processed there: postal addresses (country, city, postal code, street, house number), e-mail address, telephone number.
Your data may also be transmitted to the USA. For the USA, an adequacy decision by the EU Commission exists, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself under the TADPF and has thereby committed to comply with European data protection principles.
The processing of your personal data is based on Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in correct data for the fulfillment of our contractual obligations. You have the right to object at any time to this processing of personal data concerning you, for reasons arising from your particular situation.
The data is processed separately by the provider and not merged with other data. It is deleted by the provider as soon as the status of the entered data has been determined, but no later than after 30 days.
Further information on terms of use and data protection at Google can be found at: https://cloud.google.com/maps-platform/terms or at https://www.google.de/policies/privacy/.

 
WhatsApp Business
If you contact us for business purposes via WhatsApp, we use the WhatsApp Business version of WhatsApp Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; "WhatsApp"). If you reside outside the European Economic Area, this service is provided by WhatsApp Inc. (1601 Willow Road, Menlo Park, CA 94025, USA). 
The data processing serves to process and answer your contact request. For this purpose, we collect and process your mobile phone number stored on WhatsApp, if provided your name, and other data to the extent provided by you. We use a mobile device for the service, in whose address book only data of users who have contacted us via WhatsApp are stored. A transfer of personal data to WhatsApp without your prior consent to WhatsApp does not take place.
Your data will be transmitted by WhatsApp to servers of Meta Platforms Inc. in the USA. For the USA, an adequacy decision by the EU Commission exists, the Trans-Atlantic Data Privacy Framework (TADPF). Meta Platforms Inc. has certified itself under the TADPF and has thereby committed to comply with European data protection principles. If the contact serves to carry out pre-contractual measures (e.g., advice on purchase interest, offer creation) or concerns a contract already concluded between you and us, this data processing takes place on the basis of Art. 6 para. 1 lit. b GDPR.

If the contact takes place for other reasons, this data processing takes place on the basis of Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in providing quick and easy contact and answering your request. In this case, you have the right to object at any time to the processing of personal data concerning you, which is based on Art. 6 para. 1 lit. f GDPR, for reasons arising from your particular situation.
We only use your personal data to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
Further information on terms of use and data protection when using WhatsApp can be found at https://www.whatsapp.com/legal/#terms-of-service and https://www.whatsapp.com/legal/#privacy-policy.


Customer Account Orders

Customer account
When opening a customer account, we collect your personal data to the extent specified there. The data processing serves the purpose of improving your shopping experience and simplifying order processing. The processing is carried out on the basis of Art. 6 para. 1 lit. a GDPR with your consent. You can revoke your consent at any time by notifying us, without affecting the legality of the processing carried out on the basis of the consent until revocation. Your customer account will then be deleted.


Collection, processing and transfer of personal data for orders
When placing an order, we collect and process your personal data only to the extent necessary for the fulfillment and processing of your order and for processing your inquiries. The provision of the data is required for the conclusion of the contract. Failure to provide the data means that no contract can be concluded. The processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR and is necessary for the fulfillment of a contract with you. 
Your data is passed on, for example, to shipping companies, dropshipping or fulfillment providers, payment service providers, service providers for order processing and IT service providers. In all cases, we strictly adhere to the legal requirements. The scope of the data transfer is limited to a minimum.
 
Your data may be transferred to and processed in third countries outside the EU, in particular to Canada and the USA. An adequacy decision by the EU Commission exists for Canada. An adequacy decision by the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF), exists for the USA. Shopify is not certified under the TADPF. This data transfer takes place based on contractual obligations comparable to those of the EU Commission's standard contractual clauses.

Advertising      


Use of email address for sending newsletters
We use your email address to send you information and offers via newsletter, provided you have expressly consented to this. The data processing serves exclusively the purpose of advertising. For this purpose, we process your email address and, if applicable, other data that you voluntarily provided when registering for our newsletter.
Processing is carried out on the basis of Art. 6 (1) lit. a GDPR with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
You can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by notifying us. Your email address will then be removed from the distribution list. Despite removal from the distribution list, we may continue to store your email address in a so-called blacklist to prevent you from receiving future newsletter emails from us. This storage is carried out on the basis of Art. 6 (1) lit. f GDPR due to our and your legitimate interest in preventing the renewed use of your email address for sending our newsletter. You have the right to object at any time to the processing of personal data concerning you for reasons arising from your particular situation.


Shipping service provider      

Disclosure of email address to shipping companies for information on shipping status
We will pass on your email address to the transport company as part of the contract processing, provided you have expressly consented to this during the ordering process. The transfer serves the purpose of informing you about the shipping status by email. The processing is based on Art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by notifying us or the transport company, without affecting the lawfulness of the processing carried out on the basis of the consent until withdrawal.


Payment service provider      

Use of PayPal
We use the payment service PayPal from PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. Data processing serves the purpose of being able to offer you payment via the payment service. By selecting and using payment via PayPal, the data required for payment processing is transmitted to PayPal in order to fulfill the contract with you using the selected payment method. This processing is carried out on the basis of Art. 6 (1) lit. b GDPR.

All PayPal transactions are subject to the PayPal privacy policy. You can find this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full


Use of Shopify Payments
We use the payment service "Shopify Payments" from Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; "Shopify") on our website. Payment processing in this case is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The data processing serves the purpose of being able to offer you payment via the Shopify Payments payment service. By selecting and using a corresponding "Shopify Payments" payment method, the data required for payment processing is transmitted to Stripe in order to fulfill the contract with you using the chosen payment method. This processing is carried out on the basis of Art. 6 (1) lit. b GDPR.
Stripe reserves the right to obtain a credit report based on mathematical-statistical procedures using credit agencies, if necessary. For this purpose, Stripe transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of a payment default for a balanced decision on the establishment, execution or termination of the contractual relationship. The credit report may contain probability values (score values) that are calculated on the basis of scientifically recognized mathematical-statistical procedures and whose calculation includes, among other things, address data. Your legitimate interests are taken into account in accordance with statutory provisions. The data processing serves the purpose of credit checking for the initiation of a contract. The processing is carried out on the basis of Art. 6 (1) lit. f GDPR due to our overriding legitimate interest in protection against payment default when Stripe makes advance payments.
You have the right to object at any time to this processing of personal data concerning you, which is based on Art. 6 (1) lit. f GDPR, for reasons arising from your particular situation, by notifying Stripe. The provision of data is necessary for the conclusion of the contract with the payment method you desire. Failure to provide it will result in the contract not being able to be concluded with the payment method you have chosen.
Further information on data processing when using the Shopify Payments payment service can be found in Shopify's privacy policy at: https://www.shopify.com/de/legal/datenschutz.
Further information on data processing during payment processing via the payment service provider Stripe can be found in Stripe's privacy policy at: https://stripe.com/de/privacy.


Cookies

Our website uses cookies. Cookies are small text files that are stored in the internet browser or by the internet browser on a user's computer system. If a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables unique identification of the browser when the website is called up again.
 
Cookies are stored on your computer. Therefore, you have full control over the use of cookies. By selecting appropriate technical settings in your internet browser, you can be notified before cookies are set and decide individually whether to accept them, as well as prevent the storage of cookies and the transmission of the data they contain. Already stored cookies can be deleted at any time. However, we would like to point out that in this case you may not be able to fully use all functions of this website.
 
You can find information on how to manage (including disabling) cookies in the most important browsers under the following links:
 
Technically necessary cookies
Unless otherwise stated below in the privacy policy, we only use these technically necessary cookies for the purpose of making our offer more user-friendly, effective and secure. Furthermore, cookies enable our systems to recognize your browser even after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized again after a page change.
 
The use of cookies or comparable technologies is based on Section 25 (2) TDDDG. The processing of your personal data is based on Art. 6 (1) lit. f GDPR due to our overriding legitimate interest in ensuring the optimal functionality of the website and a user-friendly and effective design of our offer.
You have the right to object at any time to this processing of personal data concerning you for reasons arising from your particular situation.
 
Use of the Cookie Consent Manager CCM19
We use the Cookie Consent Manager CCM19 from HB legal tech GmbH (Kohlgartenstraße 11 - 13, 04315 Leipzig; "CCM19") on our website as part of order processing.
The plug-in is hosted at consenttool.haendlerbund.de and allows you to give consent for data processing via the website, in particular the setting of cookies, and to exercise your right to withdraw consent already given. The data processing serves the purpose of obtaining and documenting necessary consents for data processing and thus complying with legal obligations.
Cookies are used for this purpose. Among other things, the following information can be collected, stored and, if necessary, transmitted to HB legal tech GmbH: randomly assigned ID, consent status, date and time of consent/rejection. The data is stored for 1 year and one month and then deleted. This data is not passed on to other third parties.
Data processing is carried out to fulfill a legal obligation based on Art. 6 (1) lit. c GDPR.
Further information on data protection can be found at: https://www.haendlerbund.de/de/datenschutzerklaerung.



Plug-ins and other services

Use of Social Plug-ins
We use social network plug-ins on our website. The integration of social plug-ins and the associated data processing serves the purpose of optimizing advertising for our products.
When integrating social plug-ins, a connection is established between your computer and the servers of the social network providers, and the plug-in is displayed on the page by notification to your browser, provided you have expressly consented to this. Both your IP address and the information about which of our pages you have visited are transmitted to the provider servers. This applies regardless of whether you are registered or logged in to the social network. Transmission also takes place for unregistered or non-logged-in users. If you are simultaneously connected to one or more of your social network accounts, the collected information can also be assigned to your corresponding profiles. When using the plug-in functions (e.g. by pressing a button), this information is also assigned to your user account. You can prevent this assignment by logging out of your social media accounts before visiting our website and before activating the buttons.
The use of cookies or comparable technologies is based on your consent pursuant to Section 25 (1) sentence 1 TDDDG in conjunction with Art. 6 (1) lit. a GDPR. The processing of your personal data is carried out with your consent pursuant to Art. 6 (1) lit. a GDPR. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of the consent until revocation.
The social networks listed below are integrated into our website via social plug-ins. Further information on the scope and purpose of the collection and use of data, as well as on your rights and options for protecting your privacy in this regard, can be found in the linked data protection notices of the providers.


Facebook from Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland)
Meta Platforms Ireland and we are joint controllers for the collection of your data and the transmission of this data to Facebook when the service is integrated. This is based on an agreement between us and Meta Platforms Ireland on the joint processing of personal data, which defines the respective responsibilities. The agreement can be accessed at https://www.facebook.com/legal/controller_addendum. According to this, we are particularly responsible for fulfilling the information obligations under Art. 13, 14 GDPR, for complying with the security requirements of Art. 32 GDPR with regard to the correct technical implementation and configuration of the service, and for complying with the obligations under Art. 33, 34 GDPR insofar as a personal data breach affects our obligations under the joint processing agreement. Meta Platforms Ireland is responsible for enabling data subject rights under Art. 15 - 20 GDPR, complying with the security requirements of Art. 32 GDPR with regard to the security of the service, and complying with the obligations under Art. 33, 34 GDPR insofar as a personal data breach affects Meta Platforms Ireland's obligations under the joint processing agreement.
Your data may be transferred to the USA. An adequacy decision by the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF), exists for the USA. Meta 
has certified itself under the TADPF and has thus committed to complying with European data protection principles.
Further information on the collection and use of data by Facebook, on your rights in this regard and options for protecting your privacy can be found in Facebook's privacy policy at https://www.facebook.com/about/privacy/.
 
Instagram from Meta Platforms Ireland Limited (4 Grand Canal Square, Dublin 2, Ireland):
https://help.instagram.com/155833707900388
Your data may be transferred to the USA. An adequacy decision by the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF), exists for the USA. Meta 
has certified itself under the TADPF and has thus committed to complying with European data protection principles.

Data Subject Rights and Storage Period

Storage Period
After complete contract execution, the data will initially be stored for the duration of the warranty period, then taking into account legal retention periods, especially tax and commercial law, and then deleted after the expiry of the period, unless you have consented to further processing and use.


Data Subject Rights
If the legal requirements are met, you have the following rights according to Art. 15 to 20 GDPR: Right to information, rectification, erasure, restriction of processing, data portability.
Furthermore, according to Art. 21 (1) GDPR, you have the right to object to processing based on Art. 6 (1) f GDPR, as well as to processing for direct marketing purposes.


Right to Lodge a Complaint with the Supervisory Authority
According to Art. 77 GDPR, you have the right to lodge a complaint with the supervisory authority if you believe that the processing of your personal data is not lawful.


You can lodge a complaint, among others, with the supervisory authority responsible for us, which you can reach at the following contact details:

Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219
Visitor entrance: Puttkamerstr. 16 – 18 (5th floor)
10969 Berlin
Tel.: +49 30 138890
Fax: +49 30 2155050
E-Mail: mailbox@datenschutz-berlin.de


Right to Object
If the personal data processing listed here is based on our legitimate interest according to Art. 6 (1) f GDPR, you have the right to object to these processing activities at any time with future effect for reasons arising from your particular situation.
After an objection has been lodged, the processing of the data concerned will be terminated, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the assertion, exercise or defense of legal claims.