Privacy Policy
This privacy policy explains the nature, scope, and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as the "online offering"). Regarding the terms used, such as "processing" or "controller," we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible:
Culinex Becker GmbH, Johannes-Frech-Str. 196, 7069 Ludwigshafen, Germany, contact@culinex.de, Dr. Olaf Becker/ Prof. Dr. Norbert Becker, https://www.culinex.de/datenschutz/
Types of data processed:
- Inventory data (e.g., names, addresses).- Contact data (e.g., email, telephone numbers).- Content data (e.g., text entries, photographs, videos).- Usage data (e.g., websites visited, interest in content, access times).- Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offer (hereinafter we refer to the data subjects collectively as “users”).
Purpose of processing
- Provision of the online service, its functions and content. - Responding to contact requests and communicating with users. - Security measures. - Reach measurement/marketing
Terms used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “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 (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually every way of handling data. "Pseudonymisation" means 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 this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. "Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. "Controller" is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data. "Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well as to answer inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
Security measures
In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, implementation costs, and the nature, scope, circumstances, and purposes of processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons. These measures include, in particular, safeguarding the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access, input, and transmission, ensuring availability, and segregating the data. Furthermore, we have established procedures to ensure the exercise of data subjects' rights, the deletion of data, and response to data threats. Furthermore, we consider the protection of personal data right from the development or selection of hardware, software, and processes, in accordance with the principle of data protection by design and through data protection-friendly default settings (Art. 25 GDPR).
Cooperation with processors and third parties
If, as part of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if transmission of the data to third parties, such as payment service providers, is necessary to fulfil the contract in accordance with Art. 6 (1) (b) GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). If we commission third parties to process data on the basis of a so-called “contract processing agreement”, this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or the disclosure or transmission of data to third parties, this will only occur if it is necessary to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to statutory or contractual permissions, we will only process or have data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to request confirmation as to whether or not data concerning you is being processed, and to request information about this data, as well as further information and a copy of the data, in accordance with Art. 15 GDPR. According to Art. 16 GDPR, you have the right to request that the data concerning you be completed or that inaccurate data concerning you be corrected. Pursuant to Art. 17 GDPR, you have the right to request that the data concerning you be deleted immediately, or alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR. You have the right to receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that this data be transmitted to other responsible parties. Furthermore, you have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.
Right of withdrawal
You have the right to revoke consent given in accordance with Art. 7 (3) GDPR with effect for the future
Right of objection
You may object to the future processing of your data at any time in accordance with Art. 21 GDPR. In particular, you may object to processing for direct marketing purposes.
Cookies and right to object to direct advertising
“Cookies” are small files that are stored on users’ computers. Different types of information can be stored within cookies. A cookie is primarily used to save information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies” are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit the website several days later. Likewise, the interests of users can be saved in such a cookie and used for reach measurement or marketing purposes. "Third-party cookies" are cookies offered by providers other than the controller operating the online service (otherwise, if they are only their cookies, they are referred to as "first-party cookies"). We may use temporary and permanent cookies and explain this in our privacy policy. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Excluding cookies may lead to functional limitations of this online service. A general objection to the use of cookies used for online marketing purposes can be declared for a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case, not all functions of this website may be available.
Deletion of data
The data we process will be deleted or restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons. According to legal requirements in Germany, storage takes place for 10 years in accordance with Sections 147 Para. 1 AO, 257 Para. 1 Nos. 1 and 4, Para. 4 HGB (books, records, management reports, accounting documents, commercial ledgers, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 Para. 1 Nos. 2 and 3, Para. 4 HGB (commercial letters). According to legal requirements in Austria, storage takes place for 7 years in accordance with Section 132 Para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.
Business-related processing
In addition, we process: - Contract data (e.g., subject matter of the contract, term, customer category) - Payment data (e.g., bank details, payment history) from our customers, prospective customers, and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising, and market research.
Order processing in the online shop and customer account
We process our customers' data as part of the ordering process in our online shop to enable them to select and order the selected products and services, as well as to pay for and deliver them. The data processed includes inventory data, communication data, contract data, payment data, and the persons affected by the processing include our customers, interested parties, and other business partners. The processing is carried out for the purpose of providing contractual services within the scope of operating an online shop, billing, delivery, and customer services. We use session cookies to store the shopping cart contents and permanent cookies to store the login status. The processing is carried out on the basis of Art. 6 (1) (b) (execution of order processes) and (c) (legally required archiving) GDPR. The information marked as required is necessary for the establishment and fulfillment of the contract. We only disclose the data to third parties in the context of delivery, payment, or within the scope of legal permissions and obligations to legal advisors and authorities. Data will only be processed in third countries if this is necessary to fulfill the contract (e.g., at the customer's request for delivery or payment). Users can optionally create a user account, which allows them to view their orders. During registration, the required mandatory information is communicated to users. User accounts are not public and cannot be indexed by search engines. If users cancel their user account, their data will be deleted, unless retention is necessary for commercial or tax law reasons in accordance with Art. 6 (1) (c) GDPR. Information in the customer account remains until it is deleted and subsequently archived in the event of a legal obligation. It is the user's responsibility to back up their data before the end of the contract if the contract is terminated. During registration and subsequent registrations, as well as when using our online services, we save the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as the user's interest in protection against misuse and other unauthorized use. This data will generally not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 (1) (c) GDPR. Deletion occurs after expiration of statutory warranty and similar obligations; the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion occurs after their expiration (end of the retention period under commercial law (6 years) and tax law (10 years)).
Administration, financial accounting, office organization, contact management
We process data as part of administrative tasks and the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process as part of the provision of our contractual services. The processing bases are Art. 6 (1) (c) GDPR, Art. 6 (1) (f) GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information stated in these processing activities. In doing so, we disclose or transmit data to the tax authorities, consultants such as tax consultants or auditors as well as other fee offices and payment service providers. Furthermore, we store information on suppliers, event organizers and other business partners based on our business interests, e.g. for the purpose of later contact. We generally store this data, which is mostly company-related, permanently.
Business analyses and market research
In order to operate our business economically and identify market trends and the wishes of our contractual partners and users, we analyze the data available to us on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contractual data, payment data, usage data, and metadata on the basis of Art. 6 (1) (f) GDPR, whereby the data subjects include contractual partners, interested parties, customers, visitors, and users of our online offering. The analyses are carried out for the purposes of business evaluations, marketing, and market research. We may consider the profiles of registered users with information, e.g., on the services they use. The analyses serve us to increase user-friendliness, optimize our offering, and improve business efficiency. The analyses serve us solely and are not disclosed externally, unless they are anonymous analyses with summarized values. If these analyses or profiles are personal, they are deleted or anonymized upon termination of the user's contract, otherwise after two years from the conclusion of the contract. Otherwise, the overall business analyses and general trend determinations are created anonymously wherever possible.
Registration function
Users can create a user account. During registration, the required mandatory information is communicated to users and processed on the basis of Art. 6 (1) (b) GDPR for the purpose of providing the user account. The data processed includes, in particular, login information (name, password, and email address). The data entered during registration is used for the purposes of using the user account and its purpose. Users can be informed by email about information relevant to their user account, such as technical changes. If users cancel their user account, their data relating to the user account will be deleted, subject to any statutory retention periods. It is the user's responsibility to back up their data before the end of the contract upon termination. We are entitled to irretrievably delete all user data stored during the term of the contract. When using our registration and login functions as well as when using the user account, we save the IP address and the time of the respective user action. This data is stored based on our legitimate interests, as well as the user's interest in protecting against misuse and other unauthorized use. This data will generally not be shared with third parties unless it is necessary to pursue our claims or there is a legal obligation to do so pursuant to Art. 6 (1) (c) GDPR. IP addresses are anonymized or deleted after 7 days at the latest.
Contact us
When you contact us (e.g., via contact form, email, telephone, or social media), the user's information will be processed to process the contact request and its handling in accordance with Art. 6 (1) (b) (within the framework of contractual/pre-contractual relationships) and Art. 6 (1) (f) (other inquiries) GDPR. User information may be stored in a customer relationship management system ("CRM system") or a comparable inquiry organization. We delete inquiries if they are no longer required. We review their necessity every two years; statutory archiving obligations also apply.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke