Privacy Policy

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).

Person responsible

Schimmel-Hex UG (limited liability)
Breitenstrasse 2
71296 Heimsheim (Germany)
schimmelhex@t-online.de
Managing Director: Adelheid Seuffert
Imprint: https://www.schimmelhexe.de/about/
Types of data processed:

- Inventory data (e.g., names, addresses).
- Contact details (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 offer, its functions and contents.
- Answering 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 “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 all data handling.

‘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 such 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.

The “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, the implementation costs and the nature, scope, circumstances and purposes of the 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, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as the access, input, and transfer of data, ensuring its availability, and segregation. Furthermore, we have established procedures that ensure the exercise of data subjects' rights, the deletion of data, and the response to data threats. Furthermore, we consider the protection of personal data right from the development and selection of hardware, software, and processes, in accordance with the principle of data protection by design and through data protection-friendly default settings (Article 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 “order 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 data in question is being processed and to access 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 the completion of your data or the correction of inaccurate data concerning you.

In accordance with Art. 17 GDPR, you have the right to request that the data in question 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 request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it 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 the user visits the website after several days. Likewise, the interests of the user can be saved in such a cookie and used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates 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 wish to have cookies 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 website.

A general objection to the use of cookies for online marketing purposes can be declared for many 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, cookies can be blocked 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 in particular 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 books, 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 in particular for 7 years according to 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 in order to enable them to select and order the selected products and services, as well as to pay for them and to deliver or execute them.

The data processed includes inventory data, communication data, contract data, and payment data. The data subjects include our customers, prospective customers, 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.

Processing is based on Art. 6 (1) (b) (execution of order transactions) and (c) (legally required archiving) GDPR. The information marked as required is necessary for the establishment and fulfillment of the contract. We only disclose this 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 for the fulfillment of the contract (e.g., at the customer's request during delivery or payment).

Users can optionally create a user account, where they can, in particular, view their orders. During registration, the required mandatory information is communicated to users. User accounts are private and cannot be indexed by search engines. If users cancel their user account, their data related to the user account 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, with subsequent archiving 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.

When registering, re-registering, or using our online services, we store the IP address and the time of each user action. This storage is based on our legitimate interests, as well as the user's interest in protecting against misuse and other unauthorized use. This data is generally not 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.

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 commercial (6 years) and tax (10 years) retention periods).

External payment service providers

We use external payment service providers through whose platforms users and we can carry out payment transactions (e.g., each with a link to the privacy policy, Paypal ( https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna ( https://www.klarna.com/de/datenschutz/), Skrill ( https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay ( https://www.giropay.de/rechtliches/datenschutz-agb/), Visa ( https://www.visa.de/datenschutz), Mastercard ( https://www.mastercard.de/de-de/datenschutz.html), American Express ( https://www.americanexpress.com/de/content/privacy-policy-statement.html)

To fulfill contracts, we use payment service providers on the basis of Art. 6 (1) (b) GDPR. Furthermore, we use external payment service providers based on our legitimate interests pursuant to Art. 6 (1) (b) GDPR to offer our users effective and secure payment options.

The data processed by the payment service providers includes inventory data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, amount, and recipient-related information. This information is required to carry out the transactions. However, the data entered is only processed and stored by the payment service providers. This means that we do not receive any account- or credit card-related information, but only information confirming or rejecting the payment. Under certain circumstances, the payment service providers will transmit the data to credit agencies. This transmission is for the purpose of identity and credit checks. For more information, please refer to the terms and conditions and privacy policy of the payment service providers.

Payment transactions are subject to the terms and conditions and privacy policies of the respective payment service providers, which are available on the respective websites or transaction applications. We also refer to these for further information and to assert your rights of withdrawal, information, and other data subjects.

Registration function

Users can create a user account. During registration, the required mandatory information is communicated to users and processed based on 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 terminate their user account, their data related to the user account will be deleted, subject to any statutory retention requirements. It is the users' 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 you use our registration and login functions, as well as your user account, we store your IP address and the time of each user action. This storage is based on our legitimate interests, as well as the user's interest in protecting against misuse and other unauthorized use. This data is generally not 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.

Comments and contributions

When users leave comments or other contributions, their IP addresses may be stored for 7 days based on our legitimate interests within the meaning of Art. 6 (1) (f) GDPR. This is done for our security in case someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we ourselves may be held liable for the comment or contribution and are therefore interested in the identity of the author.

Furthermore, we reserve the right to process user information for the purpose of spam detection based on our legitimate interests pursuant to Art. 6 (1) (f) GDPR.

The data provided in the comments and contributions will be stored by us permanently until the user objects.

Comment subscriptions

Users can subscribe to subsequent comments with their consent in accordance with Art. 6 (1) (a) GDPR. Users will receive a confirmation email to verify that they are the owner of the email address entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information on how to unsubscribe. To verify user consent, we store the time of registration and the user's IP address and delete this information when users unsubscribe.

You can cancel your subscription to our newsletter at any time, i.e., revoke your consent. We may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of defending against potential claims. An individual deletion request is possible at any time, provided that the previous consent is confirmed at the same time.

Google Analytics

Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our website within the meaning of Art. 6 (1) (f) GDPR), we use Google Analytics, a web analysis service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the website by users is usually transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website, and to provide us with other services related to the use of this website and internet usage. Pseudonymous user profiles may be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the user's IP address will be shortened by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

The IP address transmitted by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the website, as well as from processing this data, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

For further information on data usage by Google, settings and objection options, please see Google’s privacy policy ( https://policies.google.com/technologies/ads) and the settings for the display of advertisements by Google ( https://adssettings.google.com/authenticated).

Users’ personal data will be deleted or anonymized after 14 months.

Online presence in social media

We maintain online presences within social networks and platforms to communicate with customers, prospects, and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our privacy policy, we process users' data if they communicate with us within the social networks and platforms, e.g. by writing posts on our online presence or sending us messages.

Integration of third-party services and content

Within our online offering, we use content or service offerings from third parties on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR) in order to integrate their content and services, such as videos or fonts (hereinafter collectively referred to as “content”).

This always presupposes that the third-party providers of this content perceive the user's IP address, since without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. These "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit, and other information about the use of our online offering, as well as be linked to such information from other sources.

YouTube

We embed videos from the "YouTube" platform, provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

Use of Facebook social plugins

Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use social plugins ("plugins") from the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g., videos, graphics, or text contributions) and are recognizable by one of the Facebook logos (white "f" on a blue tile, the terms "Like," "I like," or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin." The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

When a user accesses a function of this website that contains such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to the user's device, which then integrates it into the website. User profiles can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects using this plugin and therefore inform users according to our current knowledge.

By integrating the plug-ins, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged in to Facebook, Facebook can associate the visit with their Facebook account. When users interact with the plug-ins, for example, by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from their device to Facebook and stored there. Even if a user is not a Facebook member, it is still possible that Facebook will obtain and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.

The purpose and scope of data collection and the further processing and use of the data by Facebook as well as the related rights and setting options for protecting the privacy of users can be found in Facebook's privacy policy: https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about them via this website and link it to their member data stored on Facebook, they must log out of Facebook and delete their cookies before using our website. Further settings and objections to the use of data for advertising purposes are available within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. The settings are platform-independent, meaning they are applied to all devices, such as desktop computers and mobile devices.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke

Information on data processing in connection with Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the controller responsible for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google."

Google Analytics uses "cookies," which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your shortened IP address) is typically transferred to a Google server and stored there.

Google Analytics is used exclusively with the "_anonymizeIp()" extension on this website. This extension anonymizes the IP address by shortening it, thus preventing it from being directly linked to a person. This extension shortens the IP address within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by the corresponding browser as part of Google Analytics will not be merged with other Google data.

On behalf of the website operator, Google will use the information collected to evaluate website usage, compile reports on website activity, and provide the website operator with other services related to website and internet usage (Article 6 (1) (f) GDPR). The legitimate interest in data processing lies in optimizing this website, analyzing website usage, and adapting its content. Users' interests are adequately protected through pseudonymization.

Google LLC is certified under the so-called Privacy Shield (list entry here ) and, on this basis, guarantees an appropriate level of data protection. The data sent and linked to cookies, user identifiers (e.g., user ID), or advertising IDs are automatically deleted after 50 months. Data whose retention period has been reached is automatically deleted once a month.

Visitors can prevent Google Analytics from collecting data by adjusting their cookie settings for this website. Furthermore, they can opt out of the collection and storage of their IP address and the data generated by cookies at any time with future effect. The corresponding browser plug-in can be downloaded and installed at the following link: https://tools.google.com/dlpage/gaoptout .

Visitors can prevent Google Analytics from collecting data on this website by clicking on the following link . This will set an opt-out cookie that prevents future collection of data when visiting this website.

Further information on data usage by Google, settings and objection options can be found in Google’s privacy policy ( https://policies.google.com/privacy ) and in the settings for the display of advertisements by Google ( https://adssettings.google.com/authenticated ).

reCAPTCHA

To protect your inquiries via online form, we use the reCAPTCHA service provided by Google LLC (Google). This query is used to distinguish whether the input was made by a human or abusively through automated, machine processing. The query includes sending the IP address and, if applicable, other data required by Google for the reCAPTCHA service to Google. For this purpose, your input will be transmitted to Google and used there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCAPTCHA will not be merged with other Google data. The different privacy policy of Google applies to this data. Further information on Google's privacy policy can be found at: https://policies.google.com/privacy?hl=de