Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Server log files
You can use our websites without submitting personal data.
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.
Contact
Responsible person
Contact us at any time. The person responsible for data processing is: Ufuk Tüten , Morsestr. 9, 10587 Berlin Deutschland, 01632424646, ufuk@sanclemente-essentials.de
Proactive contact of the customer by e-mail
If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
Collection and processing when using the contact form
When you use the contact form we will only collect your personal data (name, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.
Collection and processing when using the cancellation button
If you have entered into a contract via our website, we provide you with a cancellation function (cancellation button) through which you can submit your notice of cancellation immediately.
When you use the cancellation function, we collect your personal data (name, email address, details identifying the contract or part of the contract you wish to withdraw from, and the time (date and time) of sending the notice of withdrawal) only to the extent that you have provided them. The purpose of this data processing is to provide you with the legally prescribed option to withdraw from your contract and to ensure the proper processing of your withdrawal.
If the contact relates to a contract already concluded between you and us, this data processing is carried out on the basis of Article 6(1)(b) of the GDPR. Otherwise, data processing is carried out on the basis of Article 6(1)(c) of the GDPR, as we are legally obliged to provide you with a cancellation function on our website.
We use your email address solely for the purpose of processing your notice of withdrawal. Your data will subsequently be deleted in accordance with statutory retention periods, provided you have not consented to further processing and use.
Sharing with third-party providers (use of plugins)
For the technical provision and management of the opt-out function on our website, we use a software solution provided by a third-party provider under a data processing agreement Händlerbund Legal GmbH, Kohlgartenstraße 11-13, 04315 Leipzig.
The plug-in allows you to submit your notice of withdrawal directly via the withdrawal button if you have entered into a contract with us via our website. To do this, technically necessary cookies are used and the following information is collected: an encrypted session ID.
Your data may be transferred to third countries such as the USA. An adequacy decision by the European Commission is in place for the USA, namely the Trans-Atlantic Data Privacy Framework (TADPF). If the providers have not been certified under the TADPF, data transfer to the USA takes place on the basis of standard contractual clauses as appropriate safeguards for the protection of personal data, available at: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_de.
When you use the cancellation function, your personal data will be transmitted to the servers of the third-party providers listed above.
The processing of your personal data serves the purpose of complying with the legal requirements for the design of the withdrawal function in a legally compliant manner and is carried out on the basis of Article 6(1)(c) of the GDPR. This data processing is also carried out on the basis of Article 6(1)(f) of the GDPR, based on our overriding legitimate interest in being able to provide you with a user-friendly withdrawal option. In this case, you have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data based on Article 6(1)(f) of the GDPR.
The use of cookies or similar technologies is based on Section 25(2) of the TDDDG. For further information on data protection, please visit: https://www.haendlerbund.de/de/datenschutzerklaerung
Use of address validation from Google Maps API
We use the address validation of the provider Google (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland "Google") on our website.
The purpose of data processing is to check your entries in our address forms in real time for input and spelling errors and to complete any missing data. If data is entered incorrectly, alternative suggestions for correcting the data are displayed. For this purpose, the address data you enter is transmitted to the provider, where it is stored and analysed.
Among other things, the following information may be transmitted to Google and processed there: postal addresses (country, city, postcode, street, house number), e-mail address, telephone number.
Your data may also be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
Your personal data is processed on the basis of Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in a correct data basis for the fulfilment of our contractual obligations. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.
The data is processed separately by the provider and is not merged with other data. It is deleted by the provider as soon as the status of the data entered has been determined, but at the latest after 30 days.
For more information on terms of use and data protection at Google, please visit: https://cloud.google.com/maps-platform/terms or at https://www.google.de/policies/privacy/.
WhatsApp Business
If you communicate with us via WhatsApp, we use the WhatsApp Business version of WhatsApp Ireland Limited for this (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; “WhatsApp”). If you have your residence outside the European Economic Area, this service is provided by WhatsApp Inc. (1601 Willow Road, Menlo Park, CA 94025, USA).
The purpose of the data processing is to handle and respond to your contact request. For this purpose we collect and process your mobile phone number registered with WhatsApp and, if provided, your name and additional data to the extent provided by you. We use a mobile device for the service, the address book of which stores exclusively the data of users who have contacted us via WhatsApp. Disclosure of personal data to WhatsApp shall not take place unless you have already consented to this with respect to WhatsApp.
Your data are transmitted by WhatsApp to servers of Meta Platforms Inc. in the USA.
Your data may be transferred to third countries such as the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Meta Platforms Inc. has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in providing quick and easy communication as well as responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your personal data to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
Customer account Orders
Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data will be shared, for example, with shipping companies, dropshipping or fulfillment providers, payment service providers, service providers for order processing, and IT service providers. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.
Advertising
Use of the e-mail address for sending newsletters
We use your e-mail address to send you information and offers by newsletter, provided you have expressly consented to this. The data processing serves the sole purpose of advertising. For this purpose, we process your e-mail address and any other data that you have voluntarily provided when registering for our newsletter.
The processing is carried out on the basis of Art. 6 para. 1 lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. You can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by sending us a message. Your e-mail address will then be removed from the mailing list. Despite removal from the mailing list, we may continue to store your email address in a blacklist to prevent you from receiving future newsletter emails from us. This storage takes place on the basis of Art. 6 para. 1 lit. f GDPR out of our and your legitimate interest in preventing the reuse of your e-mail address for sending our newsletter. You have the right to object to this processing of your personal data at any time on grounds relating to your particular situation.
Shipping companies
Forwarding of your email address to shipping companies for information on shipping status
We forward your email address to the shipping company in the course of contractual processing, if you have explicitly agreed to this in the order process. The forwarding is for the purpose of informing you by email on the shipping status of your order. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us or the transport company without affecting the legality of the processing carried out with your consent up to the withdrawal.
Payment service providers
Use of PayPal
On our website we use the PayPal payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The data processing serves the purpose of offering you payment via the payment service. By selecting and using payment via PayPal, the data required for processing the payment will be transmitted to PayPal in order to enable us to fulfil the contract with you with the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.
All PayPal transactions are subject to PayPal Privacy Policy. You can find these 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. In this case, payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The purpose of data processing is to enable us to offer you payment via the Shopify Payments payment service. When you select and use a corresponding "Shopify Payments" payment method, the data required for payment processing is transmitted to Stripe in order to fulfil the contract with you using the selected payment method. This processing is carried out on the basis of Art. 6 (1) lit. b GDPR.
Stripe reserves the right to obtain credit information based on mathematical-statistical methods using credit agencies. To this end, Stripe transmits the personal data required for a credit check to a credit agency and uses the information obtained about the statistical probability of a payment default to make a balanced decision about 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 recognised mathematical-statistical methods and which include address data, among other things, in their calculation. Your interests worthy of protection will be taken into account in accordance with the statutory provisions. The purpose of data processing is to check creditworthiness for the initiation of a contract. 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 the processing of your personal data based on Art. 6 (1) (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 your desired payment method. Failure to provide data will result in the contract not being concluded with your chosen payment method.
For more information on data processing when using the Shopify Payments payment service, please refer to Shopify's privacy policy at: https://www.shopify.com/de/legal/datenschutz.
For more information on data processing when processing payments via the payment service provider Stripe, please refer to Stripe's privacy policy at: https://stripe.com/de/privacy.
Cookies
Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.
Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-lB6schen-63947406-40ac-c3b8-57b9-2a946a29ae09
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.
The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TDDDG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.
Use of the Cookie Consent Manager CCM19
On our website, we use the Cookie Consent Manager CCM19 from HB legal tech GmbH (Kohlgartenstraße 11-13, 04315 Leipzig, Germany; "CCM19") within the framework of order processing.
The plug-in is hosted on consenttool.haendlerbund.de and enables you to give your consent to data processing via the website, in particular to set cookies, as well as to make use of your right of revocation for consents already provided. The data processing serves the purpose of obtaining and documenting necessary consents to data processing and thus to comply with legal obligations. Cookies are used for this purpose. Among other things, the following information can be collected, stored and, if necessary, transferred to HB legal tech GmbH: randomly assigned ID, consent status, date and time of consent/rejection. The data is stored for one year and one month and then deleted. This data will not be passed on to any other third parties.
The data processing is carried out on the basis of Article 6 para. 1 lit. c GDPR to comply with a legal obligation.
For more information about data protection, please visit: https://www.haendlerbund.de/de/datenschutzerklaerung.
Plug-ins
Use of social plug-ins
Our website uses social network plug-ins. The integration of social plug-ins and the data processing associated with this serves the purpose of optimising the advertising for our products.
The integration of social plug-ins involves a connection between your computer and the servers of the service provider of the social network which then instructs your web browser to display the plug-in on that web page, provided you have expressly consented to this. In this process, both your IP address as well as the information on which web pages you have visited will be transmitted to the provider’s servers. This happens regardless of whether you are registered with or logged into the social network. The information is transferred even if users are not registered or logged in. Should you be connected simultaneously with one or more of your social network accounts, the collected information may also be assigned to your corresponding profiles. When using the plug-in functions (e.g. by pressing the appropriate button), this information will also be assigned to your user account. You can therefore prevent this assignment by logging yourself out before visiting our website and before activating the button for your social media accounts.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
The following social networks are integrated in our website through social plug-ins. You can find more detailed information on the scope and purpose of collection and use of the data and your associated rights and options for protecting your privacy in the provider’s privacy policy via the link.
Facebook by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland).
Meta Platforms Ireland and we are jointly responsible for the collection of your data and the transfer of this data to Facebook when the service is integrated. The basis for this is an agreement between us and Meta Platforms Ireland on the joint processing of personal data, in which the respective responsibilities are defined. The agreement is available at https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible in particular for the fulfilment of the information obligations in accordance with Art. 13, 14 GDPR, for compliance with the security requirements of Art. 32 GDPR with regard to the correct technical implementation and configuration of the service, and for compliance with the obligations in accordance with Art. 33, 34 GDPR, insofar as a violation of the protection of personal data affects our obligations under the agreement on joint processing. Meta Platforms Ireland is responsible for enabling the rights of the data subject in accordance with articles 15-20 of the GDPR, for complying with the security requirements of article 32 of the GDPR with regard to the security of the service, and for complying with the obligations of articles 33, 34 of the GDPR, insofar as a breach of personal data protection concerns Meta Platforms Ireland's obligations under the joint processing agreement.
Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Meta has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
For more information on data protection please visit: https://www.facebook.com/about/privacy/.
Instagram by Meta Platforms Ireland Limited (4 Grand Canal Square, Dublin 2, Ireland):
https://help.instagram.com/155833707900388
Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Meta has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland)
https://www.linkedin.com/legal/privacy-policy?trk=uno-reg-guest-home-privacy-policy
Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). LinkedIn has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
Pinterest by Pinterest Inc. (635 High Street, Palo Alto, CA, 94301, USA)
https://policy.pinterest.com/en/privacy-policy
Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Pinterest is not certified under the TADPF.
X (X Corp., 1355 Market Street, Suite 900 San Francisco, CA 94103, USA)
https://twitter.com/privacy
https://twitter.com/personalization
Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). X has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
SoundCloud Global Limited & Co. KG (Rheinsberger Str. 76/77, 10115 Berlin, Deutschland)
Rights of persons affected and storage duration
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:
Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219
Besuchereingang: Puttkamerstr. 16 – 18 (5. Etage)
10969 Berlin
Tel.: +49 30 138890
Fax: +49 30 2155050
E-Mail: mailbox@datenschutz-berlin.de
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.