data protection
PRIVACY POLICY
Privacy Policy lovemalina.de
Data protection is particularly important in our company and when using our website. Our website lovemalina.de can generally be used without providing personal data. We only process users' personal data to the extent that this is necessary to provide a functional website and to provide and deliver our services. Personal data is generally only processed with the user's consent. An exception to the prior obtaining of the user's consent only exists if prior consent is technically and actually not possible and the processing of the data is permitted by law. On our website lovemalina.de we present you with various articles of all kinds. Users have the easy and non-binding opportunity to get an overview of our product range. In addition, users have the option of purchasing the goods shown via the shop software integrated on our website lovemalina.de. Personal data is processed for these processes; more details are provided in the following points.
1. Legal basis If we have the consent of the data subject to process personal data or if we obtain this from the data subject, Art. 6 (1) (a) of the GDPR is the legal basis for data processing. If we have a contractual relationship with the data subject and the processing of personal data is necessary to fulfil our contractual obligations, the data processing is carried out on the basis of Art. 6 (1) (b) GDPR. This also applies to processing operations that are necessary in the context of initiating contractual relationships. If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Article 6 (1) (c) GDPR serves as the legal basis. If the processing is necessary to protect the legitimate interests of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, the data will be processed on the basis of Art. 6 (1) (f) GDPR. The personal data of the data subject will be deleted or blocked as soon as the purpose of storage in accordance with the named legal bases no longer applies. Storage may also occur if this has been provided for by the legislator by means of regulations to which we are subject. The stored data will also be blocked or deleted if the storage period prescribed by the standards mentioned expires, unless further storage is necessary to fulfill contractual purposes.
2. Person responsible within the meaning of the GDPR The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws as well as other data protection regulations is: Vanja Babic Donauschwabenstraße 6 71332 Waiblingen Internet: lovemalina.de E-mail: info@lovemalina.de
3. Operating an online shop We have set up an online shop on our website that allows you to order our goods. To place the order, the customer enters personal data during order processing, which we store. This includes: • Last name, first name • Address (billing and delivery address) • Payment details • Email address The data is essential for delivering the goods and processing your order. The legal basis for data processing is the fulfillment of (sales) contractual obligations in accordance with Art. 6 Paragraph 1 Letter b of GDPR. In order to process the order, we must also pass the data on to third parties. These are primarily transport and parcel services that require the data to deliver your goods order. We currently ship with DHL. You can find out more about DHL's data protection regulations here: https://www.dhl.de/datenschutz These are also the payment service providers you selected during the ordering process. You can find more information about PayPal's privacy policy here: https://www.paypal.com/de/webapps/mpp/ua/privacy-full You can find more information about KLARNA's privacy policy here: https://www.klarna.com/de/datenschutz/ The personal data collected for the order process will be deleted after the order has been processed. For more information about your rights, please see the last paragraph of this privacy policy.
4. Newsletter You have the option of subscribing to a free newsletter via our website. When you register for the newsletter, the data from the input mask is sent to us. You will then receive an e-mail from us asking you to confirm your order for our newsletter. Your e-mail address is collected during the registration process. Your consent to the processing of the data is obtained during the registration process and reference is made to this data protection declaration. The legal basis for the processing of your data is Art. 6 Paragraph 1 Letter a of GDPR. If you enquire about and/or purchase goods or services from us and provide your e-mail address, we may subsequently use it to send you a newsletter. In such a case, the newsletter will only be used to send direct advertising for our own similar goods or services. The legal basis for sending the newsletter in this case is Section 7 Paragraph 3 of the Unfair Competition Act. In connection with data processing for sending newsletters, no data will be passed on to third parties. The data will only be used to send the newsletter. The user's email address is collected to deliver the newsletter. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user's email address is therefore stored as long as the newsletter subscription is active. The user concerned can cancel the newsletter subscription at any time. There is a link for this purpose in every newsletter. By canceling the subscription, the consent to the storage of the personal data collected during the registration process is also revoked.
5. Contact form and e-mail contact We offer a contact form for certain offers, which can be used to make electronic contact. If a user takes up this offer, the data entered in the input mask is transmitted to us and saved. The following data can be entered: name, address, telephone number, e-mail address. Your consent to the processing of the data is obtained during the sending process and reference is made to this data protection declaration. Alternatively, contact can be made via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail is saved. If the user so wishes, his data will be passed on to precisely designated third parties for the purpose of making an offer that was requested by the user. The transmission of the data serves to make a contract offer in accordance with the user's specifications; the legal basis for the processing of the data is Art. 6 Para. 1 lit. b GDPR. In other cases, the legal basis for data processing is the user's consent in accordance with Art. 6 Para. 1 lit. a GDPR. The processing of personal data from the contact form or an email serves to process the contact in accordance with the user's request and specifications. Other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems. The data transmitted by the user is deleted after the purpose of its transmission has been achieved. For data transmitted via the contact form or email, this is the case when the respective conversation with the user or the transfer of the data to third parties in accordance with the user's request has been completed. The user has the option of revoking his consent to the processing of personal data and objecting to the storage of his personal data at any time. It is sufficient if the user notifies us informally verbally or in writing; specific communication channels are not prescribed. We recommend notification by email. All personal data that was stored by us in the course of contacting us via the contact form or email will be deleted in this case.
6. Provision of the website and creation of log files Every time our website is accessed, our system automatically records general information from the computer system of the accessing computer. The following data is collected: • Information about the browser type and version used • URL accessed by the user • Websites from which the user's system accesses our website • User's IP address The data is also stored in the log files of our system. The data collected is not stored in connection with other personal data of the user. The legal basis for the temporary storage of data and log files is Article 6 Paragraph 1 Letter f of GDPR. The temporary storage of the IP address by the system is necessary to enable our website to be delivered to the user's computer. The user's IP address must remain stored for the duration of the session. The log files are stored to ensure the functionality of the website. We also use the data to optimize the website and ensure the security of our information technology systems. An evaluation for other purposes, e.g. marketing, does not take place. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. If the data is collected to provide the website, this is the case when the respective session ends. Generated log files are deleted after 7 days at the latest. If data is stored for longer than this, the recorded IP addresses are deleted or altered so that it is no longer possible to assign the calling client. The collection of data to provide our website and the storage of data in log files is essential for the operation of the website; the user has no option to object to this.
7. Use of cookies Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user visits a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic character string that enables the browser to be clearly identified when the website is visited again. We use cookies on our website to enable the shop and inquiry form to function smoothly. The user data collected in this way is pseudonymized using technical precautions, so it is not possible to assign the data to a user. The data is not stored together with other personal data of the user. When you visit our website, an information banner informs users about the use of cookies for analysis purposes and refers them to our privacy policy. The storage of cookies can be prevented in the browser settings. The legal basis for the processing of personal data using cookies is Article 6 Paragraph 1 Letter f of GDPR. Cookies are used to ensure that the shop and our website function smoothly. Cookies are stored on the user's computer and transmitted from there to us. The user has full control over the use of cookies and can deactivate or restrict their use via the settings of their Internet browser. Cookies that have already been stored can be deleted by the user at any time. However, if cookies are deactivated for our website, this may result in restrictions on the functionality of our website.
8. Use of social media plugins Use of social plugins for Instagram Our website uses Instagram plugins, which are operated by Instagram Inc. (601 Willow Road, Menlo Park, CA, 94025, USA). The integrations can be recognized by the Instagram button, usually the word “Instagram” in conjunction with a pictogram of a camera in white on a colorful (yellow, red, purple) background. The plugins are only activated when you click on the corresponding buttons. If these are displayed in gray, the plugins are inactive. You have the option of activating the plugins once or permanently. The plugins establish a direct connection between your browser and the Instagram servers. This only happens after the plugin has been activated. We have no influence whatsoever on the nature and extent of the data that the plugin transmits to the Instagram servers. You can find more information about the Instagram plugin here: http://instagram.com/about/legal/privacy/. The plugin informs Instagram that you, as a user, have visited our website. There is a possibility that your IP address will be saved. If you are logged into your Instagram account while visiting this website, the information mentioned will be linked to it.
9. Rights of the data subject If your personal data is processed, you have the following rights: A. Right to information You can request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing has taken place, you can request information from the controller about the following information: (a) the purposes for which the personal data are processed; (b) the categories of personal data that are processed; (c) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed; (d) the planned duration of storage of the personal data concerning you or, if specific information is not possible, criteria for determining the storage period; (e) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing; (f) the existence of a right to lodge a complaint with a supervisory authority; (g) all available information about the origin of the data if the personal data are not collected from the data subject; (h) the existence of automated decision-making, including profiling, pursuant to Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved, as well as the scope and envisaged effects of such processing for the data subject. You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer. ·1 ·2 B. Right to rectification You have the right to have the personal data concerning you rectified and/or completed by the controller if the personal data concerning you that are processed are incorrect or incomplete. The controller must carry out the rectification immediately. ·1 C. Right to restriction of processing You can request that the processing of personal data concerning you be restricted under the following conditions: (a) if you contest the accuracy of the personal data concerning you for a period that enables the controller to verify the accuracy of the personal data; (b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of the use of the personal data instead; (d) the controller no longer needs the personal data for the purposes of the processing, but you need them to assert, exercise or defend legal claims, or (e) if you have objected to the processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons. If the processing of personal data concerning you has been restricted, these data may - with the exception of storage - only be processed with your consent or for the purpose of asserting, exercising or defending legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State. If the restriction of processing has been restricted in accordance with the above-mentioned requirements, you will be informed by the controller before the restriction is lifted. ·1 D. Right to erasure ·2 Obligation to erase You can request that the controller erase the personal data concerning you immediately, and the controller is obliged to erase this data immediately if one of the following reasons applies: (a) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed. (b) You withdraw your consent on which the processing was based in accordance with Art. 6 Para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR, and there is no other legal basis for the processing. (c) You object to the processing in accordance with Art. 21 Para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 Para. 2 GDPR. (d) The personal data concerning you have been processed unlawfully. (e) The erasure of the personal data concerning you is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject. (f) The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 Para. 1 GDPR. ·1 ·2 ·3 Exceptions The right to erasure does not apply if processing is necessary (a) for exercising the right to freedom of expression and information; (b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (c) for reasons of public interest in the area of public health pursuant to Art. 9 Para. 2(h) and (i) and Art. 9 Para. 3 GDPR; (d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 Para. 1 GDPR, insofar as the right referred to in section a) is likely to make the realisation of the objectives of this processing impossible or seriously compromises it, or (e) for the establishment, exercise or defence of legal claims. ·1 ·2 E. Right to information If you have asserted your right to rectification, erasure or restriction of processing vis-à-vis the controller, this controller is obliged to inform all recipients to whom the personal data concerning you was disclosed of said rectification, erasure or restriction of processing, unless doing so should prove impossible or involve disproportionate expenditure. You have the right to be informed by the controller of these recipients. ·1 ·2 F. Right to data portability You have the right to receive the personal data concerning you that you have made available to the controller in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was made available, provided that (a) the processing is based on consent pursuant to Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract pursuant to Art. 6 Para. 1 lit. b GDPR and (b) the processing is carried out using automated procedures. In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not affect the freedoms and rights of other persons. The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 1 G. Right of objection You have the right to object at any time to the processing of personal data concerning you which is carried out on the basis of Art. 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; this also applies to profiling based on these provisions. The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If the personal data concerning you is processed in order to conduct direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is related to such direct advertising. If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. In connection with the use of information society services, you have the option of exercising your right of objection by means of automated procedures that use technical specifications, notwithstanding Directive 2002/58/EC. ·1 H. Right to revoke the declaration of consent under data protection law You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the time of revocation. ·1 ·2 I. Automated decision in individual cases, including profiling You have the right not to be subjected to a decision based exclusively on automated processing - including profiling - that has legal consequences for you or significantly affects you in a similar way. This shall not apply if the decision (a) is necessary for entering into or fulfilling a contract between you and the controller, (b) is permitted by Union or Member State law to which the controller is subject, and this law contains appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, or (c) is made with your explicit consent. However, these decisions must not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2)(a) or (g) GDPR applies and appropriate measures to protect your rights and freedoms as well as your legitimate interests have been taken. With regard to the cases referred to in (a) and (c), the controller shall take appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. ·1 ·2 J. Right to lodge a complaint with a supervisory authority Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR. The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR